Discussions promise to be tense between the member states of the European Union over the next two days. A new summit of European heads of state and government opens this Thursday, October 17 in Brussels, until Friday. In addition to support for Ukraine and the call for de-escalation in the Middle East, immigration will be one of the major issues at this EU meeting.
Just five months after the adoption of a pact on immigration, in a context of the rise of the far right in Europe, the President of the European Commission Ursula von der Leyen proposed on Monday a new law to facilitate immigration. expulsion of irregular migrants. The head of the European executive thus signs one of the first major political acts since her reappointment for a second term.
The summit which opens this Thursday should not, however, give rise to any major announcements. And for good reason: the path to bringing such legislation to fruition is strewn with pitfalls.
Which states want to revise the law, and why?
Behind this proposal from Ursula von der Leyen, several countries are at work. Fifteen Member States, including France and Germany, recently signed a working note initiated by Austria and the Netherlands to toughen immigration rules in the EU. In France, the new Minister of the Interior, Bruno Retailleau, accuses current European regulations on immigration of making it “virtually impossible for foreigners to return” to their country of origin, judging the case law of the Court of Justice of EU too lax. This conservative right-winger wants to call into question the time limits granted for a voluntary return, before a forced expulsion.
The “Franco-German engine pushes for action” on immigration, underlines a European diplomat to AFP, while Berlin’s decision last month to reestablish police controls at its borders for six months was welcomed by Bruno Retailleau. Ursula von der Leyen has therefore just gone in their direction on Monday, in her letter sent to the 27 member states. The President of the European Commission expresses the wish to “effectively streamline the return process”.
It even invites us to “explore” solutions described as “innovative”, such as “return hubs”: reception centers outside the European Union where migrants would be returned. Ursula von der Leyen says she wants to learn “lessons” from the controversial agreement sealed by Italy with Albania, where centers began on Wednesday to receive migrants arrested in Italian waters.
What are the current immigration regulations?
Questioning European legislation on the deportation of foreigners at the borders will therefore be at the heart of the debates at this European summit. Currently, expulsions are governed by the 2008 “return directive”, fiercely negotiated at the time and described as a “shame directive” by human rights defenders. This text harmonizes the rules within the EU for expelling irregular migrants in third countries, while guaranteeing them legal recourse.
He sets up a graduated procedure leading to forced removal. Clearly, a decision to be deported to the border must give the person concerned “an appropriate period of time” to allow them to “voluntarily” leave. A period ranging from 7 to 30 days, except in cases of risk of flight or danger to public order. This directive also regulates “coercive measures”, such as placement in a detention center before expulsion. Legislation authorizes within the EU a maximum of 18 months of detention for illegal immigrants, and this can only take place as a “last resort”. After expulsion, the directive allows for a five-year ban from the territory of the Twenty-Seven.
In addition to this 2008 directive, new European rules on immigration must come into force in mid-2026, after the adoption last May of the Asylum and Migration Pact. This text had already tightened controls and established a solidarity mechanism between the 27 member states in the care of asylum seekers.
Why does a new law look complicated?
This recent pact modifying European rules on immigration illustrates one of the challenges of the new reform project desired by Ursula von der Leyen: the time for legislative work. Indeed, the revision of a directive is a long process of back and forth with Member States and the European Parliament, like the eight years of negotiations preceding the Asylum and Migration Pact adopted in May 2024.
Certain points raised on Monday by the President of the European Commission are also flammable, such as the idea of ”return hubs” outside the EU, already refused by Spain. Similarly, several human rights groups and opposition politicians have called the Italian-Albanian agreement “dehumanizing” and “illegal”, reports Politico Europe.
Such a project could also encounter the difficulty of finding “host” countries. “Albania has already ruled out replicating its agreement with Rome with other countries,” indicates the British daily The Guardian. The media recalls that a similar project for detention centers outside the EU failed in 2018, notably encountering the refusal of several North African countries. Enough to put a spoke in the wheels of this immigration reform project.
What results can we expect from this week’s debates?
But “six years later, the debate has evolved […] towards the right” of the political spectrum, analyzes a European official with AFP. Migration issues are particularly pushed onto the agenda by far-right parties, on the rise in many European countries such as France and Germany.
Paris, however, remains cautious so far, inviting people to “promote returns when conditions permit […] rather than organizing returns to hubs in third countries”, specifies the Elysée. Thus, at this week’s EU summit in Brussels, immigration “will certainly be […] the most sensitive discussion” between the Member States, another senior European official assured AFP this Thursday, who expects that the Twenty-Seven will not be able to agree on this aspect in the final statement.
Several member states “are skeptical about the idea of putting their demands on paper, for fear that this would result in long hours of struggle over the choice of words”, analyzes thus the british media Financial Times. The discussion remains for the moment “very vague and preliminary”, adds a European diplomat, and there is “no ‘plan’ on these hubs. Enough to temper expectations at the end of the European summit.