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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 ...

Over the past decade, the EU's asylum and migration systems have been severely tested by several major events, including the 2015-2016 migrant crisis, the COVID-19 pandemic and recent tensions at the EU's eastern border. To address these challenges, in 2020 the European Commission proposed a pact on migration and asylum, a comprehensive legislative framework designed to streamline and harmonise the reception of asylum seekers in the EU. The pact was adopted by the European Ϸվ and the Council ...

In recent years, the European Union has faced a significant number of asylum applications, with over 513 000 applications received in the first half of 2024 alone. Women and girls make up a substantial proportion of asylum seekers, with one in three asylum-seekers being female. In international law, the 1951 Geneva Refugee Convention is the main instrument regulating asylum. The Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention provide a framework ...

Common approach on return policy

Briefing 25-10-2024

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 ...

Magnus Brunner has been Austria's federal minister for finance since December 2021. Prior to this role, he served as a state secretary in the Federal Ministry of Climate Protection, Environment, Energy, Mobility, Innovation and Technology from 2020 to 2021. From 2018 to 2020, Brunner was vice-president of the Federal Council of Austria, after having served as a member of this institution from 2009 to 2020. Additionally, he served on the Municipal Council of the Höchst Municipality from 2000 to 2004 ...

Solidarity in EU asylum policy

Briefing 02-09-2024

The arrival of refugees and irregular migrants in the EU in unprecedented numbers in 2015 exposed a number of deficiencies in the EU's external border, asylum and migration policy, and sparked EU action through various legal and policy instruments. Today, even though the EU has been relatively successful in securing its external borders, curbing irregular migrant arrivals and increasing cooperation with third countries, Member States are still reluctant to show solidarity and do more to share responsibility ...

The European Union's objectives in the field of external border protection are to safeguard freedom of movement within the Schengen area (an area without internal borders) and to ensure efficient monitoring of people who cross the Union's external borders. To strengthen its external borders and prevent irregular migrants from reaching its territory, the European Union (EU) has turned its focus to extending its partnerships with third countries and to reinforcing its border agencies, providing them ...

Secondary movements occur when refugees or asylum-seekers move from the country in which they first arrived, to seek protection or for permanent resettlement elsewhere. While most asylum-seekers seek protection in countries close to their countries of origin, some are compelled or choose to move onwards (often in an irregular manner) from or through countries in which they have already, or could have sought, international protection, to other countries, where they may request such protection. Many ...

EU Member States have a shared responsibility to give protection to asylum-seekers, and to ensure they receive fair treatment and that their cases are examined in accordance with uniform standards. The common European asylum system (CEAS) establishes common standards for Member States in their procedures for granting and withdrawing international protection. A critical aspect of a common approach to international protection is application of the 'safe country of origin' concept. In the context of ...

In September 2020, the European Commission submitted a proposal on asylum and migration management, to replace the 2013 Dublin Regulation that determines the EU Member State responsible for examining asylum applications. While the proposal 'essentially preserves' the current criteria for determining this responsibility, it would also make changes and additions to the regulation, especially on solidarity and responsibility-sharing for asylum-seekers among Member States. The proposal came after a failed ...