Melike Pala
01 October 2026•Update: 01 October 2026
The European Council on Thursday gave final approval to new rules aimed at strengthening the return of non-EU nationals who have no legal right to stay in the bloc.
The rules, which complement the EU’s Pact on Migration and Asylum, include allowing member states to establish return hubs in third countries, according to an EU statement.
They outline procedures for returns and additional measures for people considered to pose a security risk.
Under the new framework, non-EU nationals subject to a return decision will be required to leave the member state concerned and cooperate with national authorities.
Failure to comply could result in sanctions, including reduced benefits and allowances granted under national law, the loss of incentives for voluntary return, financial penalties or criminal sanctions where provided for under national legislation.
The legislation also introduces a European Return Order, which will contain key elements of national return decisions and is intended to facilitate their recognition by authorities in other EU member states.
Mutual recognition of return decisions will initially remain voluntary.
The system will be reviewed three years after the rules enter into force, after which the European Commission may propose legislation to make recognition mandatory.
The new rules provide additional measures for non-EU nationals considered a security risk.
Member states may impose an indefinite entry ban where it is justified and proportionate to the security risk posed.
They may also detain such individuals for longer than 24 months under the conditions established by the regulation.
The legislation also allows member states to transfer people subject to return decisions to return hubs in non-EU countries.
Such arrangements will require an agreement or arrangement with the third country concerned.
The EU said these agreements may 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 such return hub arrangements.