A common system for the return of third-country nationals staying illegally in the European Union
According to Directive 2008/115/EC, third-country nationals staying illegally on the territory of a European Union (EU) Member State should, as a general rule, be issued a return decision obliging them to leave the EU. However, available data suggest that, among those who receive such a decision, only about a quarter actually leave the EU. The limited effectiveness of the return policy is due to several challenges that the EU and Member States face when carrying out return procedures, including difficulties related to implementation at national level. To increase the effectiveness of the EU return policy, the European Commission announced in its 2025 work programme that it would develop a new common approach to returns, including a new legislative proposal on the subject.
Briefing