An EU Regularization Directive. An effective solution to the enforcement deficit in returning irregularly staying migrants

Abstract

A key challenge in migration governance at the EU level has been that of ‘combatting’ irregular immigration. Perhaps one of the most pressing structural problems regarding the EU’s return policy is the enforcement deficit in returning irregularly staying migrants. Even though Member States must issue a return decision according to the Return Directive, only 40% of such decisions are enforced. Despite all of the political and legal efforts made, the EU is not making any significant progress in enforcing the rules laid down in the Return Directive. This contribution explores a different legal approach that is already used rather extensively in national legislation of EU Member States, which targets irregular residence through a differentiated system of granting residence permits, that is, regularizations. Hence, this paper argues for an EU Regularization Directive, which could contribute to a reduction in the number of irregularly staying migrants. Through such a Directive, which would complement the existing EU return policy, a more effective ‘combatting’ of irregular immigration at the EU level could be achieved.