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Access to citizenship status is an important prerequisite for enjoying rights and privileges, such as migration and political rights, as well as for developing a sense of identity and belonging. Since the establishment of Union citizenship, all persons who are nationals or citizens of an EU Member State enjoy the status of EU citizenship, which confers on them a number of additional rights and privileges. However, Member States retain full control over whom they recognise as citizens. Although the ...

According to Directive 2008/115/EC (the Return Directive, RD), third-country nationals (TCNs) staying illegally on the territory of a 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 (see Figure 1). Data on irregular migration, as well as returns statistics, should be used carefully, as they are often incomplete, inconsistent and ...

Irregular migration is hard to define and to measure. Several EU datasets provide indications of a range of aspects of irregular migration, such as attempted irregular crossings of EU external borders, detected irregular stays, loss of regular status and removals of irregular migrants. However, these datasets are often incomplete, inconsistent, and insufficient to capture the complex issues of irregular migration and return. Despite its shortcomings, data on irregular migration is highly consequential ...

The Return Directive is the main piece of EU legislation governing return procedures. Under this directive, Member States must issue a return decision (an administrative or judicial decision imposing an obligation to leave the territory) for every third-country national found to be irregularly present on their territory unless they grant them an authorisation to stay. (Article 6(4)). Although the Commission proposed to revise the Directive in 2018, no progress was made in negotiations throughout ...

An effective return policy to remove from the EU third-country nationals who do not have the right to stay on EU territory requires common rules and procedures in the EU Member States. These must be implemented in accordance with fundamental rights obligations and with the principle of non refoulement. A robust framework for cooperation with third countries that are willing to accept returnees is also necessary Efforts to increase the number of returns have been a feature of EU migration policy for ...

The establishment of the Schengen area without checks at internal borders is one of the major achievements of the EU. However, in the past decade, many Schengen states have reintroduced border controls at internal borders to address serious threats to public policy or internal security. To ensure a fully functioning Schengen area, the EU has recently revised the Schengen rules and governance. The reform has yet to produce tangible results.

In December 2022, the Commission presented two proposals to revise the rules on the collection and transfer of advance passenger information (API) data 鈥� data collected by air carriers at check-in and sent to border control authorities in the country of destination prior to a flight's take-off. The current directive on the collection and transfer of API data will be replaced by two regulations: one on the collection and transfer of API data for border management purposes, and another on the collection ...

In March 2023, the European Commission presented a proposal for a directive to expand the use of digital tools and processes in EU company law. The directive would seek to facilitate companies' cross-border activities by reducing bureaucracy and administrative burdens (such as when setting up subsidiaries and branches in another Member State), increase transparency and boost trust in the business environment across the EU. The proposal is expected to contribute to the creation of a more integrated ...

In December 2021, the European Commission presented a proposal to amend the Schengen Borders Code, which lays down the rules governing controls at the EU internal and external borders. While debates on the reform of Schengen have been going on for a while, recent challenges 鈥� relating to the coronavirus pandemic on the one hand, and attempts to instrumentalise migrants as a way to put pressure on the EU's external borders, on the other 鈥� have brought new momentum for reform. The Commission's proposal ...

In October 2023, the Commission submitted a proposal to revise Regulation (EU) 2018/1806 in order to strengthen the visa suspension mechanism. This mechanism allows the EU to temporarily suspend visa exemptions in the event of increased irregular migration or security risks from a visa free country. The proposal addresses three main challenges to the EU visa regime: the misalignment of visa policies of certain visa-free countries with the EU visa policy; the growing number of asylum seekers from ...