The Return Regulation comes into force today, giving the green light to hubs in third countries

The Return Regulation comes into force today. Following its publication yesterday in the Official Journal of the European Union, Regulation (EU) 2026/2280 of 7 October establishing a common system for the return of third-country nationals staying illegally in the Union, which repeals Directive 2008/115, 2001/40 and Decision 2004/191, will be immediately operational, except for those provisions requiring preparatory measures, which will therefore apply one year after its entry into force.

The text gives the green light to a significant strengthening of the external dimension of return policy, which, as clarified in Article 35, becomes “an essential part of the comprehensive approach to migration management”. A central feature, which characterises the various provisions, is speed, with a return procedure to be implemented within tight timeframes. Member States must ensure that the return decision takes effect within 30 days. But that is not all. The regulation, evidently under pressure from the Member States, allows national authorities to set even shorter timeframes. Only in exceptional cases may the departure period be extended. The return decision must be reasoned, but it is not entirely clear how this can be reconciled with the tight deadlines imposed by the regulation, especially given that the EU adopted the measure by invoking an emergency regarding the number of irregular arrivals – a premise that suggests an enormous workload which, given such tight deadlines, could compromise careful case-by-case assessment.

The competent authorities are also permitted not to provide the factual grounds where there are requirements relating to public order, public security or national security, or for the purposes of prosecuting criminal offences. The grounds will only be provided upon specific request by the third-country national. The European Union has also imposed very stringent obligations on those subject to return measures, including the obligation to provide biometric data, whilst the issue of data transfers to third countries remains complex and problematic.

Above all, however, the duration of detention has been significantly extended and may now last up to 24 months, with the possibility of an extension of up to six months in total should circumstances change. Furthermore, if the non-EU national moves to another Member State, a new period of detention may be imposed. The circulation of return decisions adopted by another Member State is guaranteed, with the consequence that the EU Member State in which a third-country national is staying irregularly (the executing State) must recognise an enforceable return decision adopted by another Member State. However, this does not require the adoption of administrative acts. To facilitate the circulation of return decisions, the Commission has provided for a model European return order, which will be drawn up by 17 April 2027.

If the third country fails to cooperate during the readmission phase, the European Union and the Member States will be able to apply conditionality “in relation to all relevant policies and instruments”. This will involve wide-ranging measures, ranging from the application of conditionality to visa policy, trade and development.