Council of Europe Commissioner for Human Rights alerts to the undermining of human rights in the upcoming EU Returns Regulation

As the EU prepares to implement a new framework on the return of third-country nationals staying illegally in the EU, Michael O'Flaherty, the Council of Europe's Commissioner for Human Rights, warns that the proposed system threatens to erode the human rights of migrants and asylum seekers. The Commissioner highlights concerns that the new system may fail to properly examine individuals' specific situations and the risks they would encounter if deported.

On 2 March 2026, in his Observations, while recognizing the EU's goal of creating a more streamlined unified returns mechanism, he stresses that such policies must comply with international legal standards and fundamental principles, including non-refoulement, ensuring that individuals are not returned to countries where they face risks to life or torture. 

Key concerns include proposals for "return hubs" in third countries, which require robust safeguards such as binding international agreements, individual assessments, effective monitoring, and exclusion of vulnerable groups like children. 

According to the Commissioner, the Regulation should explicitly favor voluntary departures over forced removals and restrict the application of detention, using it only as a last resort with appropriate alternatives, and limiting detention periods rather than extending them. 

He further advocates for ensuring that penalties and enforcement measures remain proportionate, and exploring alternative solutions to deportation when addressing unauthorized residence. For example, the observations highlight the need to consider humanitarian residence permits as alternatives to return and to protect the rights of those unable to return, ensuring the Regulation does not conflict with obligations under the ECHR and other international human rights instruments while maintaining effective and legitimate return policies.