The European Return Fund: Added Value and Vulnerabilities

01-01-2006

This briefing paper analyses the added value of European-level financing of an EU return policy and the creation of the European Return Fund (ERF). It also assesses the legal and practical vulnerabilities involved in the ERF, and presents a set of recommendations aimed at policy optimisation. As we will argue, while the ERF could lead to more uniform practices among Member States and to an improvement in quality standards on “return”, there are however a series of vulnerabilities of a juridical and practical nature which need to be carefully assessed and openly debated. First, in addition to some concerns about the legal basis and definitions provided in the European Commission’s proposal, it appears that the implementation of a ERF will not offer sufficient human rights guarantees in order to ensure a “secure juridical status” for the individual (legal vulnerabilities). Second, there are a number of critical elements in the funding allocation and its implementation, as well as in the definition of the responsible authorities (practical vulnerabilities).

This briefing paper analyses the added value of European-level financing of an EU return policy and the creation of the European Return Fund (ERF). It also assesses the legal and practical vulnerabilities involved in the ERF, and presents a set of recommendations aimed at policy optimisation. As we will argue, while the ERF could lead to more uniform practices among Member States and to an improvement in quality standards on “return”, there are however a series of vulnerabilities of a juridical and practical nature which need to be carefully assessed and openly debated. First, in addition to some concerns about the legal basis and definitions provided in the European Commission’s proposal, it appears that the implementation of a ERF will not offer sufficient human rights guarantees in order to ensure a “secure juridical status” for the individual (legal vulnerabilities). Second, there are a number of critical elements in the funding allocation and its implementation, as well as in the definition of the responsible authorities (practical vulnerabilities).

Externe Autor

Sergio Carrera and Nicoletta Pusterla