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Cover Return Hub
6
February
2025

Planned return hubs in third countries: EU fundamental rights law issues

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Preamble

The European Union Agency for Fundamental Rights,

Bearing in mind the Treaty on European Union (TEU), in particular Article 6 thereof,

Recalling the obligations set out in the Charter of Fundamental Rights of the European Union (the Charter),

Recalling Council Regulation (EC) No 168/2007 of 15 February 2007, as amended by Council Regulation (EU) 2022/555 of 5 April 2022, establishing a European Union Agency for Fundamental Rights (FRA),

In accordance with Article 2 of Council Regulation (EC) No 168/2007 (as amended) which entrusts FRA with the objective ‘to provide the relevant Union institutions, bodies, offices and agencies and the EU Member States when implementing Union law with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights’,

Having regard to Article 4(1)(d) of Council Regulation (EC) No 168/2007 (as amended), which tasks FRA to ‘formulate and publish conclusions and opinions on specific thematic topics, for the Union institutions and the Member States when implementing Union law, either on its own initiative or at the request of the European Parliament, the Council or the Commission’,

Having regard to FRA Opinion – 5/2018 [EBCG] on the proposed revised European Border and Coast Guard Regulation and its fundamental rights implications,

Having regard to FRA Opinion – 1/2019 [Return] on the proposed recast Return Directive and its fundamental rights implications,

Considering the joint letter to the European Commission by 15 EU Member States in May 2024 that called for exploring ‘potential cooperation with third countries on return hub mechanisms, where returnees could be transferred to while awaiting their final removal’,

Considering the letter by the President of the European Commission of 14 October 2024 [Ares(2024)7288990], presenting ways forward to address EU challenges relating to asylum and migration, which proposes a common approach on returns and the need to continue to explore the idea of developing return hubs outside the European Union,

Considering conclusion No 37 of the European Council of 17 October 2024 [EUCO 25/24] which calls for ‘determined action at all levels to facilitate, increase and speed up returns from the European Union, using all relevant EU policies, instruments and tools, including diplomacy, development, trade and visas’ as well as conclusion No 19 of the European Council of 19 December 2024 [EUCO 50/24] which envisages a new EU legislative proposal on returns to be tabled in early 2025,

Submits the following own initiative opinion which sets out FRA’s initial position on the planned creation of return hubs in third countries.