On October 1, the Council of the European Union gave final approval to rules tightening migration and return policy. Under specified conditions, member states will be able to send people who have no legal right to stay in the EU to a third country outside the bloc. The measure could affect thousands of Algerians who have received orders to leave European territory.
The changes are part of the EU’s efforts to strengthen control over irregular migration and increase compliance with departure decisions. Brussels says about two-thirds of people issued with such orders do not actually leave the Union.
Under the new system, a person’s return will not necessarily have to be to their country of origin. They may be transferred to another country if an agreement or arrangement has been made with it. That country could be the person’s final destination or a transit point before a later transfer to their country of origin or another state. The rules do not allow member states to send people to third countries arbitrarily or through unilateral action.
The receiving country must comply with international human rights standards and international law, including the principle of non-refoulement. This principle bars transferring someone to a place where they could face persecution, torture or serious danger.
The rules also introduce a “European return decision”, a common format setting out the key elements of a removal decision. It is intended to help member states identify decisions issued by other EU countries and improve coordination, particularly when a person subject to a departure order moves to another member state.
At first, mutual recognition of these decisions will be optional. The system will be reviewed three years after the rules enter into force, and the European Commission may later propose making recognition compulsory.
People without a right to stay will be required to leave the member state concerned and cooperate with its authorities. Failure to cooperate could lead to fines, reductions in some forms of assistance and incentives for voluntary return, or criminal penalties where national law permits them.
The Council and the European Parliament reached an agreement on the rules in June, before the Council adopted them definitively in October. The measures are expected to affect Algerians living in the EU without legal status, who outnumber nationals of other Maghreb countries in this situation. However, the rules do not mean that Algerians will automatically be sent to third countries. Use of return hubs requires an agreement with the receiving country and remains subject to human rights safeguards and the principle of non-refoulement. Some provisions will apply immediately, while others will require a preparatory period of up to one year.