Directive on Common Standards and Procedures in Member States for Returning Illegally Staying Third Country Nationals 2005-0167 (COD), COM(2005) 391

In the opinion of the Standing Committee, the proposal for a Directive hinges upon two potentially contradictory goals: (1.) the provision of a set of common, or harmonized, rules on return, while simultaneously (2.) providing for a minimum set of procedural safeguards to illegally staying persons. The Standing Committee observes that in several aspects, the goal of setting common standards jeopardizes the possibility for Member States to introduce or retain more favourable provisions and questions the rationale for giving precedence to the goal of setting common rules. The Standing Committee urges the Council and the European Parliament to avoid a mandatory character of decisions regarding return, (re)entry ban and detention and to secure the right to effective judicial remedies against decision on return, (re)entry ban and detention under all circumstances. Further, it should be borne in mind that coercive measures like detention and a (re)entry ban for illegal immigrants are highly intrusive measures, comparable with penal measures though they do not fall within the system of criminal law, restricting the liberty and freedom of movement of persons. Such measures should, accordingly, only be applied when strictly necessary and proportionate.