Answer to Written Question: Conflicting objectives in the EU return policy and national legislation on asylum and migration

(Source: European Parliament)



Answer given by Ms Johansson

on behalf of the European Commission


The Commission adopted the EU strategy on voluntary return and reintegration as part of the comprehensive and integrated approach to migration management as put forward by the new Pact on Migration and Asylum.

The strategy aims to promote voluntary return and reintegration as an integral part of a common EU system for returns, which the Commission proposed to reform in order to make its legal and operational framework more effective.

According to the main legal instrument regulating the procedures for returning irregular migrants, namely Directive 2008/115/EC, Member States must issue a return decision to any illegally staying migrant and take all necessary and proportionate steps to enforce it. However, Member States remain free to grant a residence permit to any migrant, including those subject to an obligation to return.

The Commission’s proposal for a Regulation on asylum and migration management sets out a strategic approach to managing asylum and migration at Union level.

The European strategy will be based on national strategies that will be developed by the Member States in line with the principles set out in the Regulation, which will include information on how they will implement the legal obligations stemming from the relevant acquis. The Commission will retain a general monitoring role on the compliance by national legislation with EU law.

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