Written by Anja Radjenovic.

According to Directive 2008/115/EC, third-country nationals staying illegally on the territory of a European Union (EU) 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. The limited effectiveness of the return policy is due to several challenges that the EU and Member States face when carrying out return procedures, including difficulties related to implementation at national level. To increase the effectiveness of the EU return policy, the European Commission announced in its 2025 work programme that it would develop a new common approach to returns, including a new legislative proposal on the subject.

2025/0059(COD) – Proposal for a Regulation of the European Parliament and of the Council establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC – COM(2025) 101, 11.3.2025.

For the latest developments in this legislative procedure, see the Legislative Train Schedule: 2025/0059(COD)

Read the complete briefing on ‘A common system for the return of third-country nationals staying illegally in the European Union‘ in the Think Tank pages of the European Parliament.