The recast Return Directive and its fundamental rights implications

Date of article: 10/01/2019

Daily News of: 29/01/2019

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: en

This Opinion by FRA aims to inform the European Parliament’s position on the legislative proposal for a recast Directive on common standards and procedures in Member States for returning illegally staying third country nationals (Return Directive), presented by the European Commission on 12 September 2018.
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The recast Return Directive and its fundamental rights implications - Opinion of the European Union Agency for Fundamental Rights
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This FRA Opinion comprises 17 individual opinions that relate to various fundamental rights enshrined in the Charter “addressed to the Member States […] when they are implementing Union law” or “when they act in the scope of EU law.” 

This Opinion is structured as follows:

  • Chapter 1 - Selected horizontal fundamental rights implications of the proposed changes, including the role of voluntary departure as opposed to forced return.
  • Chapter 2 - Specific fundamental rights challenges arising from the proposal under the individual stages of the return procedure.
  • Chapter 3 - Changes to the system of remedies.
  • Chapter 4 - Impact of the proposal in the field of pre-removal detention.
  • Chapter 5 - Impact of selected parts of the proposal in the field of protection of personal data, without prejudice to a possible dedicated opinion delivered by the European Data Protection Supervisor.
  • Chapter 6- Main fundamental rights concerns arising from the proposed introduction of a border procedure.
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