Respect of International Obligations and of the Provisions of the European Charter of Fundamental Rights in the Definition and Implementation of the EU Return Policy

Briefing 01-07-2006

This briefing paper deals with the human rights aspects of the draft Directive on common standards and procedures in member States for returning illegally staying third-country nationals (COM(2005) 391 final, 2005/0167(COD), 1 September 2005). It addresses, respectively, the scope of the draft Directive; the change of perspective on national return policies which is necessary in order to make the draft Directive relevant; the situation in transit zones; detention; suspensive effect of legal remedies; and the principle of interstates trust.