The returns directive : an analysis of its shortcomings and its future in its recast decision

Abstract

The Return Directive, Directive 2008/115/ECC, adopted on the 16th of December, 2008, was supposed to streamline procedures of return of irregular migrants in EU territories. It promised to do so with respect of migrant’s fundamental human rights, especially the principle of non-refoulement. However, despite various attempts from the European Commission for it to work, it has not yielded the expected results. A decade after its adoption, the Commission decided to issue a Recast Proposal of the Directive, in an attempt to boost returns of third-country nationals back to their countries of origin. This dissertation breaks down the application and scope of the Directive as determined by national legislation and practices and the Court of Justice of the European Union’s decisions. It continues by determining where it fell short and if the proposed recast will help in ensuring future higher rates of return. In the concluding remarks, the author recommends what could have been done differently to not have had so many set backs and what may be done in the future to have a better working Directive. The importance on changing the European Union’s stance on migration is also established.