Civil Society Reacts to Council’s Return Regulation Proposal

In December 2025, a coalition of civil society organizations across Europe raised concerns about the Return Regulation Proposal currently under discussion in the Council of the European Union.

The text put forward by the Danish Presidency reflects amendments from various Member States but has drawn sharp criticism for rolling back safeguards, limiting legal protections, and eroding fundamental rights in EU return policies.

Civil society groups warn that these changes could have profound consequences for third-country nationals facing return procedures. By broadening detention criteria, weakening non-refoulement protections, and expanding the evidential burden on individuals, the proposal could create situations where asylum seekers and irregular migrants face punitive measures that go beyond what is necessary or proportionate.

The statement emphasizes that rights-compliant return systems rely on trust, fair procedures, and dignified treatment, which the proposed measures undermine.

What You Should Know About The Return Regulation Proposal

The European Commission’s original proposal already signaled a concerning shift by allowing harsher measures and reducing safeguards in the EU return system. The current compromise text could:

Allow detention beyond the Commission’s recommended 24 months, with potential six-month extensions exceeding the existing 18-month limit. This raises the risk of prolonged or indefinite detention across multiple Member States.
Limit access to effective remedies and appeal procedures by reducing the suspensive effect of appeals and removing ex officio review assessments, increasing the likelihood of premature deportation.
Impose excessive evidential and compliance obligations on individuals, including requirements difficult to meet for those without a stable residence or reliable documentation. Non-compliance could result in detention, financial penalties, or criminal sanctions.
Allow Member States to deviate from the common EU return system in areas like detention and cooperation, creating legal fragmentation and inconsistencies across countries.
Maintain provisions for “return hubs” or deportation centers despite human rights risks and potential violations of international law principles, including the prohibition of arbitrary detention .

The coalition warns that these measures do not enhance human rights protections or trust in the system. Instead, they could push vulnerable individuals into irregularity, increase legal disputes, and place a heavier burden on judicial systems across the EU.

Enforcement And Operational Impact

If adopted, the proposed regulation could normalize indefinite detention and punitive approaches to migration enforcement. Civil society stresses that focusing excessively on return rates rather than on rights compliance is both unlawful and ineffective. Effective return systems should prioritize voluntary reintegration, protection, and sustainable pathways, ensuring individuals are treated with dignity throughout the process.

The statement also highlights the risk of outsourcing return responsibilities to countries outside Europe, which could expose migrants to unsafe conditions and undermine the EU’s commitment to human rights. The coalition urges Member States and EU institutions to adopt a balanced approach, combining efficient returns with safeguards, legal certainty, and respect for fundamental rights.

Key Takeaways

The Return Regulation Proposal could weaken fundamental rights safeguards, leading to indefinite detention and limited access to legal remedies.
Civil society organizations urge reinstating robust non-refoulement assessments, automatic suspensive effects for appeals, and proportional detention measures.
Fragmentation of EU return rules and the emergence of “return hubs” raise concerns about legal certainty and compliance with international law.
A sustainable, rights-compliant return system should emphasize voluntary reintegration, protection, and dignity for all migrants.
Member States are encouraged to reconsider the current negotiation trajectory to uphold the EU’s commitment to human rights, the rule of law, and dignity.