The European Union, ‘Expulsion of aliens’ and the Return Directive : a repressive or protective framework?

Abstract

This piece, targeting also international (migration) lawyers who may not be familiar with all the complexities of the European Union (EU)’s return acquis, is centred on the Return Directive (Directive 2008/115/EC) which sets out the common EU standards and procedures for Member States to expel (return) and deport (remove) those non-EU nationals who are in an irregular situation within the territory of the Union – with a view to promoting an effective EU return policy. The article seeks to shed light, critically and with necessary nuances, on the tenability of diametrically opposing views about the Return Directive. These essentially revolve around the question whether the Return Directive can be coined as the ‘directive of shame’ which heavily emphasises the repressive elements and falls short of meeting human rights standards stemming from either universal (United Nations) or regional (primarily Council of Europe) instruments; or it is a ‘directive of protection’ championing the fundamental rights of returnees by instilling several human rights safeguards and standards, making it thus a commendable protection-oriented blueprint to replicate by other regional settings and/or the international community as a whole.