EU Passes Returns Regulation Amid Spanish Opposition

The European Union has formally adopted a new Returns Regulation permitting member states to establish migrant return centres in third countries, a move approved on Thursday by EU interior ministers. Spain was the sole country to oppose the measure, while Belgium abstained. The regulation, officially designated Regulation (EU) 2024/1356 and finalised during a Council meeting in Luxembourg, aims to accelerate the return of non-EU nationals who do not have the right to remain in the bloc. It forms part of broader efforts to implement the EU's asylum and migration pact.

Key Provisions and Conditions

Under the new rules, EU member states may transfer individuals subject to return decisions to facilities located outside the bloc, provided they have a formal agreement with the host country. Such agreements can only be made with nations that uphold international human rights standards, including the principle of non-refoulement, which prohibits returning people to territories where they face serious risks to life or liberty. The regulation also introduces obligations for third-country nationals to cooperate with return procedures, with non-compliance potentially leading to reduced social benefits or other penalties.

Spanish Interior Minister Fernando Grande-Marlaska expressed reservations about the legality and proportionality of certain provisions during the talks. The Spanish government argued that the regulation moves away from creating a unified European return system and instead prioritises intra-EU transfers over coordinated external returns. In a statement issued by Moncloa, Spain linked its opposition to challenges experienced during recent migratory pressures at Ceuta, asserting that current EU legislation lacks effective tools for managing returns during exceptional situations. Madrid had advocated for mutual recognition of European Return Orders but said this element was dropped during negotiations.

Instead of focusing efforts on the return of those people who do not have the right to remain in the entire Schengen area, new mechanisms for transferring people between Member States are being created.

Primary sources: eur-lex.europa.eu. Reported by elconfidencial.com, democrata.es, El Confidencial.