The European Parliament has approved amendments to EU legislation concerning the expulsion of foreigners illegally staying within the union. The regulation was backed by 418 lawmakers, with 218 voting against and 30 abstaining, according to a press release from the legislative body.
The updated regulation is expected to simplify and expedite deportation procedures while fully respecting fundamental human rights and international legal standards, including the principle of non-refoulement (prohibition of expulsion to countries where a person may face danger) and the ban on mass deportations.
Under the new provisions, a return decision issued by national competent authorities against a third-country national illegally staying in an EU member state is accompanied by an obligation to leave the country immediately or within a set period.
Individuals subject to expulsion orders are required to cooperate with authorities. To prepare for removal, they may be detained based on an individual assessment—for instance, in cases of non-cooperation, risk of absconding, or security threats. Detention must be authorized by an administrative or judicial body and can last up to 24 months. If circumstances change, the term may be extended by an additional six months. Transfer to another member state may trigger a new detention period.
Member states may also require regular reporting or an obligation to reside at a specified location. Alternatives to detention, such as financial guarantees or electronic monitoring, may be applied.
National authorities will have the right to conduct operational measures to prepare for deportation, including searches of migrants themselves, their homes, and seizure of personal belongings and gadgets. However, such actions are only permissible with judicial or administrative authorization and must strictly comply with human rights and guarantees enshrined in EU and national law.
The regulation provides for the possibility of transferring individuals subject to expulsion (except unaccompanied minors) to temporary holding centers (hubs) established in third countries, based on bilateral agreements between EU member states and those countries. Such agreements may only be concluded with third countries that ensure respect for human rights, international legal norms, and the principle of non-refoulement. National competent authorities are required to inform the European Commission and all member states in advance of such agreements entering into force.
Following the European Parliament's approval, the regulation must be formally adopted by the Council of the EU and subsequently published in the Official Journal of the European Union. Provisions concerning deportation hubs, age assessment of minors, and the external dimension of return procedures will enter into force immediately. Other norms requiring preparatory measures will take effect 12 months after the legislation's entry into force.
Source: kun.uz