Rethinking return: safe third countries, return hubs and rights-based alternatives

How can the EU ensure that its return policies are both ‘effective’ and compliant with fundamental rights? And are there any feasible alternatives to return policies? With the recent Return Regulation proposal, the European Commission has announced its intention to revise the current rules, including through identifying ‘safe third countries’ and creating ‘return hubs’ to offshore locations and to accelerate return procedures. There are still concerns about the legality, feasibility and impact of these initiatives, as well as the lack of independent monitoring and accountability mechanisms.  

Alternatives to return – such as regularisation pathways, status transitions, residence permits on humanitarian grounds and access to services through firewalls – are options which are available in some EU Member States. In contrast to the mounting evidence showing the failure and ineffectiveness of return policies, these alternatives have proven to be the most effective and cost-efficient solutions. Yet EU Member States implement them unevenly, they lack transparency and fall short of an EU-coordinated policy framework.  

This Lab session seeks to explore the feasibility of an EU regularisation policy so that Member States can reconcile efficiency, legality and fundamental rights compliance in their future migration policies.