Mandatory expulsion and entry ban decisions in Returns Directive violate general principles of Community law

On 23 April 2008, a compromise was reached between the Council and the European Parliament on the text of the Returns Directive (2005-0167 (COD), COM(2005) 391). In the meantime, some aspects of the text have been changed. Still, the text, in its present form, violates important principles of Community law. Such is, in particular, the case where the draft directive contains binding Community legislation compelling Member States to take mandatory expulsion measures or mandatory entry ban measures in certain categories of cases. A system of mandatory decisions is at variance with the need to assess, in the individual case, whether such measures are justified in the light of all relevant circumstances. The Standing Committee is of the opinion that the draft Directive must not be accepted by the European Parliament.