After several years of difficult negotiations, EU countries and institutions are very close to a final agreement on returning what the official documents term "illegally staying third-country nationals". A basic agreement on the procedures was reached on 23 April by representatives of the European Parliament and the Council and a final vote is expected in plenary in June.
The procedures provide for a period of "voluntary departure" of up to four weeks. If the illegal immigrant does not leave voluntarily to his home country within this period, the national authorities can issue a "removal order". Such removal orders include a re-entry ban of a maximum of five years. Then the countries use "coercive measures" to carry out the repatriation (usually by air) of illegal immigrants who resist removal.
When there are serious grounds to believe that the illegal immigrants would hide, EU states have agreed upon a procedure to keep them under "temporary custody". Such an imprisonment should not exceed six months, the draft directive says.
If an illegal immigrant who has been issued with a removal order in one EU country is found in another member state, he is returned to the authorities of the country where he was issued the order, and that country pays the costs. Provisions are made to ensure consistency with human rights standards and the respect of the dignity of the individual.
Parliament rapporteur Manfred Weber (CSU, DE) called the agreement "a first important step towards a European migration policy". In general, conservative MEPs welcomed the agreement. Some socialists raised objections, in particular regarding the period of "temporary custody". The Greens also considered this six month period to be too long and stated that their support for the directive in June is unlikely.
Migration will be one of the priorities of the forthcoming French presidency of the EU (EurActiv 11/04/08). Officials from Paris stated that establishing a European immigration pact should be one of the dominant themes of the European Council on 15 October in Brussels.
