EU Return Directive on common standards and procedures for returning: an urgent action for migrants

Abstract

As part of its policy to combat illegal immigration, in 2008 the European Union adopted a Return Directive that set out common standards and procedures for Member States to return irregular migrants. This directive resulted in being controversial and generated divided opinions. The sectors that supported the Directive believed that it should be seen as a set of measures aimed at other objectives to promote legal and orderly immigration. However, critics have raised serious concerns regarding the Directive’s absence of sufficient safeguards for ensuring integral respect of the rights of migrants. Taking the latter approach, the aim of this thesis is to carry out a critical analysis of the Return Directive and question certain aspects of its regulations, from both a human rights perspective and also from the perspective of an irregular migrant - to which this directive applies. It does not appear as though the Return Directive guarantees neither a safe and dignified return for irregular migrants nor their right to integrity. Furthermore, international human rights standards for the protection of migrants appear to be applicable.