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On 1 October 2026, the Council of the European Union gave its final approval to new rules designed to improve the return of people who have no legal right to stay in the EU. The Return Regulation will replace the 2008 Return Directive and establish a common EU framework for return procedures. According to the Council, around two-thirds of people ordered to leave the EU do not actually leave.
Member states will use a standardized European Return Order that contains vital information on return decisions so that authorities can recognize decisions made in other member states. At first, mutual recognition will be voluntary. However, three years after the rules enter into force, the system will be assessed, allowing the European Commission to present the necessary proposals regarding the introduction of mandatory mutual recognition.
Individuals who receive a return decision must cooperate with the authorities. Otherwise, they may face penalties under the relevant national laws, which may include a reduction in benefits, the loss of voluntary-return incentives, monetary fines, and imprisonment where national law allows it.
In cases where individuals pose a security risk, countries may impose entry bans of indefinite duration and detain these individuals for more than two years.
The Regulation will allow member states to transfer people subject to return decisions to return hubs in non-EU countries, provided an agreement or arrangement exists with the third country and international human rights standards and international law, including the principle of non-refoulement, are respected. Unaccompanied minors are excluded from these arrangements.
The regulation will come into effect on the day subsequent to its publication in the Official Journal of the European Union. Certain provisions, including provisions on return hubs, are meant to take effect immediately while others will take effect one year after coming into force.
References:
Council of the EU: New rules on return, 1 October 2026
EUR-Lex: Legislative procedure 2025/0059/COD
EUR-Lex: European Parliament legislative resolution of 17 June 2026
