UUI, Alm.del - 2024-25 - Bilag 116: Begrundet udtalelse om Kommissionens forslag om en ny fælles tilgang til tilbagesendelser vedtaget af det græske parlament den 15. maj 2025. Engelsk og græsk referat

Udlændinge- og Integrationsudvalget 2024-25
UUI Alm.del Bilag 116
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COURTESY TRANSLATION

OPINION

on the proposal for a Regulation of the European Parliament and of

the Council, (COM (2025) 101 final, of the 11

March 2025) on

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 of the Council, Council

Directive 2001/40/EC and Council Decision 2004/191/EC

(article 41Β of the Standing Orders of the Parliament,

principles of

subsidiarity and proportionality)

The members of the Special Standing Committee on European

Affairs and the Standing Committee on Public Administration, Public

Order and Justice, following a joint meeting (15.05.2025)

Having regard to:

-Article 79 paragraph 2 point (c) of the Treaty on the Functioning of the

European Union

- The new Pact on Migration and Asylum, and in particular the

Regulations (EU) of the European Parliament and of the Council, of May

the 14

2024, a) 2024/1347, “on standards for the qualification of

third-country nationals or stateless persons as beneficiaries of

international protection, for a uniform status for refugees or for persons

eligible for subsidiary protection and for the content of the protection

UUI, Alm.del - 2024-25 - Bilag 116: Begrundet udtalelse om Kommissionens forslag om en ny fælles tilgang til tilbagesendelser vedtaget af det græske parlament den 15. maj 2025. Engelsk og græsk referat

granted, amending Council Directive 2003/109/EC and repealing

Directive 2011/95/EU of the European Parliament and of the Council”,

b) 2024/1348, "establishing a common procedure for international

protection in the Union and repealing Directive 2013/32/EU", c)

2024/1349 “establishing a return border procedure, and amending

Regulation (EU) 2021/1148” d) 2024/1350 “establishing a Union

Resettlement and Humanitarian Admission Framework, and amending

Regulation (EU) 2021/1147” e) 2024/1351 “on asylum and migration

management, amending Regulations (EU) 2021/1147 and (EU)

2021/1060 and repealing Regulation (EU) No 604/2013” f) 2024/1352,

"amending Regulations (EU) 2019/816 and (EU) 2019/818 for the

purpose of introducing the screening of third-country nationals at the

external borders", g) 2024/1356, "introducing the screening of third-

country nationals at the external borders and amending Regulations

(EC) No 767/2008, (EU) 2017/2226, (EU) 2018/1240 and (EU)

2019/817", h) 2024/1358 “on the establishment of ‘Eurodac’ for the

comparison of biometric data in order to effectively apply Regulations

(EU) 2024/1351 and (EU) 2024/1350 of the European Parliament and

of the Council and Council Directive 2001/55/EC and to identify

illegally staying third-country nationals and stateless persons and on

requests for the

comparison with Eurodac data by Member States’ law

enforcement authorities and Europol for law enforcement purposes,

amending Regulations (EU) 2018/1240 and (EU) 2019/818 of the

European Parliament and of the Council and repealing Regulation (EU)

No 603/2013 of the European Parliament and of the Council” i)

2024/1359, "addressing situations of crisis and force majeure in the

field of migration and asylum and amending Regulation (EU)

2021/1147", as well as j) Directive (EU) 2024/1346 of the European

Parliament and of the Council of 14 May 2024, "laying down standards

for the reception of applicants for international protection",

-the proposal for a Regulation of the European Parliament and of the

Council COM(2025) 259 final, of 20 May 2025, "amending Regulation

(EU) 2024/1348, as regards the application of the "safe third country

concept",

- The European Council conclusions of the 9

February 2023 (EUCO

1/23) and the 17

October 2024 (EUCO 25/24),

- The 26010/14-05.2025-opinion document of the Independent

Department of European and International Relations of the Ministry of

Justice,

- The 4866/6/73/23-05-2025-opinion document of the Legal &

Parliamentary Affairs Office of the Coordination Service of the Ministry

of Citizen Protection,

- The position paper dated 94859/26-05-2025 of the Office of Legal &

Parliamentary Affairs of the Coordination Service of the Ministry of

Immigration & Asylum.

Adopt by large majority the following opinion:

Considering :

That the credibility of the Union's policy on Asylum and Migration is

inextricably linked to a unified framework for the swift and effective

regulation of the return and readmission of third-country nationals

who are residing illegally within the territory of the EU, and that their

stay without legal authorization, invalidates the current system,

both at the Union and international level, undermines legal

migration, encourages illegal migration, and exposes those residing

illegally to precarious living conditions and criminal networks.

That the current heterogeneous framework of different national

return systems allows for the circumvention of the relevant rules

through the movement of third-country nationals, who have no right

to remain, from one Member State

to another, and the consequent

restarting of national asylum procedures.

That the coherent approach to the migration phenomenon must

concern a common, EU, return mechanism, in the spirit of the new

Pact on Migration and Asylum, as well as the principle of solidarity

and fair sharing of responsibilities among Member States.

That the implementation of a unified return system, as well as the

preservation of the Union's area of free movement without internal

borders,

requires

ensuring

the cooperation

third-country

nationals with the competent authorities, through a combination of

obligations, incentives, and consequences in cases of refusal to

participate in the return process.

That the return of individuals residing illegally is directly linked to

their readmission to their countries of origin or to a third country—

e.g., one through which they transited on their way to the European

Union—on the basis of relevant agreements between the European

Union and safe third countries, which uphold international human

rights standards and the principles of international law, including

the principle of non-refoulement.

That an effective return system, should combined with legislation for

legal migration, sends a strong message to migrant traffickers.

That the European Union should provide adequate financial and

operational support, in the implementation of the return system by

the Member States, through, for example, the Asylum, Migration and

Integration Fund, as well as the European Border and Coast Guard

Agency (FRONTEX), respectively.

Deem that:

The proposed "European Return Order" as a mandatory recognition

by the Member State where a third-country

national residing illegally

is located, of a return decision issued by the competent authority of

another Member State, enhances the effectiveness of the policy on

asylum, migration, and the overall management of the European

Union’s external borders, as well as the Area of Freedom, Security

and Justice, and is in line with the principle of subsidiarity.

The

enforcement

national

return

decisions

requires

the

cooperation of third countries, particularly through relevant,

mutually beneficial agreements between the European Union and its

Member States with safe third countries, which include close

cooperation on return, readmission, and reintegration, within the

framework of Union and national diplomacy and negotiating

leverage, and that such partnerships - central to the new Pact on

Migration and Asylum - may also include the establishment of

“return hubs” outside the European Union, but under no

circumstances do they concern unaccompanied minors or families

with minors.

The return of a third-country national residing illegally is subject to

clear guarantees of respect for the fundamental rights of returnees,

such as full information about the procedure and its legal

consequences, judicial protection—both interim and final—the

prohibition of refoulement, due care for vulnerable individuals such

as the ill or the unaccompanied minors, and the safeguarding of the

best interests of the child.

The detention of a third-country national must be linked to a unified

return procedure and imposed for specific reasons, such as

obstruction of the procedure, risk of absconding, or threat to public

security. It must be limited to the absolutely necessary period of

time, with provisions for alternative measures.

The removal of a returnee who refuses to cooperate with the

authorities in the context of voluntary return, or who poses a threat

to public security, must be monitored by an independent national

mechanism to ensure respect for the fundamental rights of the

individual being removed.

functional return system for third-country nationals residing

illegally in the EU must be complemented by additional legislative

initiatives of the Union aimed at strengthening legal migration

routes, in order to prevent illegal migration—which fosters

undeclared work and unfair competition—and to enhance the

attraction of third-country nationals with qualifications and skills

needed by the Member States of the Union.

Αddress

this opinion to the Presidents of the European Parliament, the

Council, and the Commission.

Call on the Government to promote the above positions in the ongoing

negotiations within the framework of the Council of the European

Union.