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European Council on Refugees and Exiles

ECRE

The European Council on Refugees and Exiles (ECRE) is a pan-European alliance of almost 102 NGOs protecting and advancing the rights of refugees, asylum seekers and displaced persons.

Lobbying Activity

Meeting with Giulio Di Blasi (Cabinet of Commissioner Ylva Johansson)

17 Jan 2023 · To discuss temporary protection directive.

Meeting with Ylva Johansson (Commissioner) and

2 Mar 2021 · Consultation with the members of the Expert Group on the views of migrants regarding the Talent Partnerships

Response to Sustainable Voluntary Return and Reintegration Strategy

12 Jan 2021

ECRE feedback on the Commission’s Roadmap for the Voluntary Return and Reintegration (VRR) Strategy ECRE welcomes the possibility to provide feedback on the roadmap. These comments address objective no.1 of the Strategy: “Increase uptake of voluntary returns among irregular migrants and their share out of the total number of returns.” The term “voluntary departure” is used for ease of reference, as ECRE refers to the measure in question as “mandatory return.” The Return Directive and the CJEU’s ruling in Zh. and O. prioritize voluntary departure. Under Art.7 of the Directive, states should offer a period for voluntary departure of 7-30 days and may extend it in the specific circumstances of the case. States may refuse to use voluntary departure or may offer a shorter period for departure than seven days in three circumstances: when the person is an absconding risk, the person’s application was dismissed as manifestly unfounded or fraudulent, or the person poses a risk to public policy or public/national security. Although the Commission’s proposal for the recast of the Directive maintains general statements about the priority of voluntary departure, the proposed amendments will effectively reduce the use of this measure for the following reasons: 1)Possibility to offer voluntary departure shorter than 7 days (Art.9(1)); 2)Obligatory refusal of voluntary departure in the three above-mentioned circumstances (Art.9(4)); 3)Long and open-ended list of criteria for establishing the risk of absconding, some of which lead to a rebuttable presumption of that risk (Art.6). To prevent a reduction in the use of voluntary departure, first of all, the current wording of Art.7 of the Directive should be maintained and the proposed amendments withdrawn. Secondly, as restated in the Parliament’s Resolution, states should be reminded that the voluntary departure should be a default option and the three above-mentioned circumstances should be interpreted narrowly and used exceptionally. Under recital 10, states can refuse to offer a period for voluntary departure if they demonstrate that one of the three circumstances is present and it would undermine the purpose of the return procedure. The period of voluntary departure should be extended beyond 30 days in specific circumstances of the case, such as the length of the stay, vulnerability, or schooling of the children. Thirdly, states should never impose an entry ban on people leaving via voluntary departure as it reduces the incentive to comply with the return decision. Beyond the provisions of the Return Directive, ECRE recommends that: •Member States refrain from setting additional requirements which may prevent the person from choosing a more humane form of return. •Independent information, counselling and support be provided to potential returnees, examining all options including means of regularisation in the host-country and helping them to prepare for return. •Member States provide dignified alternative solutions to return in the form of a status that provides basic socio-economic rights for those who cannot return. •Member States ensure that voluntary departure is an option at the end of a fair asylum procedure, as voluntary departure and AVR programmes lose credibility and returns are less “sustainable” in the sense that people re-migrate, if people are forced into them out of desperation, coercion or destitution. •Diaspora organisations be allowed to visit and counsel returnees in the reception and detention centres. •Returnees be given immediate support and information upon their return and be provided with accommodation. •The procedure to receive reintegration support be simplified and accelerated so that returnees can easily access it. •Member States coordinate their reintegration support packages which should be adequate to provide a dignified life for returnees. •Returnees receive adequate cash assistance before departure, in addition to post-return reintegration support.
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Meeting with Ylva Johansson (Commissioner) and

5 May 2020 · Migrants’ challenges in the current COVID-19 crisis and their contribution to economic recovery

Meeting with Frans Timmermans (First Vice-President)

17 Feb 2016 · Roundtable Fundamental Rights

Meeting with Frans Timmermans (First Vice-President) and Amnesty International Limited and

5 May 2015 · Upcoming migration agenda

Meeting with Frans Timmermans (First Vice-President) and Amnesty International Limited and

9 Jan 2015 · Roundtable with NGO's on fundamental rights

Meeting with Věra Jourová (Commissioner) and Human Rights Watch and

9 Jan 2015 · Roundtable with NGOs on fundamental rights and non-discrimination