Brussels, 2 October, (Brussels Morning Newspaper) – EU migration policy has entered a decisive new phase after the Council of the European Union formally approved common rules aimed at making the return of people with no legal right to remain in the bloc faster and more effective. The changes introduce a European Return Order, tougher cooperation requirements and the possibility of establishing return hubs outside the EU.
EU approves powerful new return framework
The Council gave its final approval to the new regulation on 1 October, marking another major step in the implementation of Europe’s revamped migration and asylum system.
Under the rules, non-EU nationals who have no right to remain must leave the member state concerned and cooperate with national authorities during the return process.
Failure to cooperate can result in consequences permitted under national law, including reduced benefits or allowances, financial penalties and, where domestic legislation provides for it, criminal sanctions.
The regulation also creates a European Return Order containing essential information from national return decisions. The measure is designed to make it easier for EU countries to recognise decisions issued elsewhere in the bloc.
Mutual recognition will initially remain voluntary. The European Commission can reassess the system three years after the regulation enters into force and could subsequently propose making recognition mandatory.
Return hubs outside EU become possible
One of the most significant elements of the new EU migration policy is the ability of member states to establish return hubs in non-EU countries.
Such arrangements can only be concluded with countries that respect international human rights standards and international law, including the principle of non-refoulement. Unaccompanied minors are excluded from these arrangements.
The rules also contain additional measures for people considered security risks. Member states may, where justified and proportionate, impose indefinite entry bans and detention periods exceeding 24 months in specified cases.
EU ministers highlight low return rates
Announcing the Council’s decision, Irish Minister for Justice, Home Affairs and Migration Jim O’Callaghan highlighted the gap between return orders and actual departures.
“Around two in three people ordered to leave the EU do not actually leave,” O’Callaghan said, adding that the revised rules would help member states implement returns more effectively.
At their 1 October meeting, EU home affairs ministers also agreed to increase scrutiny of cooperation by non-EU countries on readmitting their nationals and discussed improving early-warning systems for irregular migration.
Wider migration reforms already in force
The latest regulation complements the EU Pact on Migration and Asylum, which entered into application on 12 June 2026 after a two-year implementation period.
That package consists of 10 legislative acts covering areas including screening, registration of irregular arrivals, asylum procedures, responsibility for applications and solidarity between member states facing disproportionate migration pressure.
The return regulation therefore adds another enforcement mechanism to a wider overhaul of European migration management.
Why the changes matter for Europe
For EU governments, the new system is intended to reduce differences between national return procedures and improve cooperation across borders.
For migrants facing return decisions, it creates clearer obligations to cooperate while maintaining requirements for individual assessments, judicial remedies and fundamental-rights protections.
The European Commission states that return procedures must comply with the EU Charter of Fundamental Rights, the right to access asylum and the prohibition of collective expulsion.
What happens next?
The regulation will be published in the EU’s Official Journal and enter into force the following day.
Some provisions, including those permitting return hubs outside the EU, will apply immediately. Measures requiring additional administrative preparation will become applicable one year after the regulation enters into force.
The next phase will therefore centre on implementation by member states, cooperation with non-EU countries and the practical operation of the new European return system.
