In June 2026, the European Parliament approved the “Return Regulation,” a sweeping legislative framework aimed at overhauling the return procedures for third-country nationals lacking legal rights to stay in the European Union. Following this landmark vote, ASSEDEL (European Association for the Defense of Rights and Freedoms) published a comprehensive report analyzing the severe human rights implications of these newly approved amendments.
The ASSEDEL report, authored by Yanna Moulay-Réthoré and Cecilia Invernizzi, examines the Regulation through a three-fold thematic lens, highlighting a dangerous shift toward security at the expense of fundamental human dignity.
1. More Power for States, Fewer Safeguards for Individuals
The Regulation significantly lessens the responsibilities of Member States while simultaneously expanding their discretionary power. It transforms what should be strict protective obligations into optional actions based on the “good will” of individual nations.
- Derogations and “Security Risks”: Member States can now deviate from the Regulation’s path regarding third-country nationals deemed to pose “security risks”. Because the text provides no specific examples of what constitutes a security risk, the identification of such risks is left entirely to national discretion.
- Weakened Legal Protections: Crucial safeguards have been stripped away. For instance, amendments have removed the guarantee that third-country nationals can request free legal assistance and representation.
- The Principle of Non-Refoulement: Alarmingly, the Regulation deletes the requirement that a competent judicial authority must verify compliance with the principle of non-refoulement, a cornerstone of international human rights law.
2. An Unbearable Burden on Third-Country Nationals
The framework places an incredibly heavy burden of responsibility squarely on the shoulders of migrants. The text uses highly authoritative language, demanding that individuals “comply” rather than simply remain available, creating a harsh power dynamic.
- Strict Obligations: Third-country nationals face extensive demands to cooperate with authorities, including the requirement to provide detailed information on their travel routes and transit countries.
- Ignoring Vulnerabilities: Member States are no longer explicitly required to take “any vulnerabilities” into account when handling these cases, raising severe concerns about human rights compliance.
3. Criminalization and Extended Detention
Perhaps the most troubling aspect of the Return Regulation is its inherent criminalization of third-country nationals, who are frequently portrayed as uncooperative or malicious. The legislation uses the pretext of national security to justify extreme measures.
Prolonged Detention: The Regulation establishes maximum detention periods of 24 months, with provisions allowing for further extensions if a person is labeled a “security risk”. This creates legal vacuums and the potential for indefinite open-air prison treatments.
Coercive Measures: The Regulation introduces the possibility for authorities to conduct searches and seizures without the consent of the third-country national.
Criminal Sanctions: Non-compliance with the return process can now lead to criminal sanctions, including imprisonment under national law.
Read full report here.