Meijers Committee comment on mutual recognition of return decisions in the proposed Return Regulation

This commentary focuses on the European Commission’s proposal for a Return Regulation (COM/2025/101 final), which introduces mutual recognition of return decisions and a standardized European Return Order (ERO). It complements our earlier input on the EU return framework (CM2409, CM2501, CM2505). It evaluates the mechanism in light of existing EU migration and asylum legislation and fundamental rights, drawing lessons from previous mutual recognition instruments, notably Council Directive 2001/40.

We express serious concerns regarding the lack of prior impact assessment, limited reflection on earlier failed attempts, unclear alignment with the Migration and Asylum Pact, and the absence of effective remedies in the enforcing Member State. We therefore recommend not adopting the mutual recognition mechanism and ERO in their current form. Should the co-legislators proceed with adoption, we urge several amendments to safeguard fundamental rights and legal clarity, including effective remedies, reassessment of non-refoulement risks, and proportionality evaluations.