The future architecture of the EU’s return system following the Pact on Asylum and Migration: added value and shortcomings

This chapter argues that while the Pact has remedied some of the shortcomings in the 2018 Commission proposal for the Recast of the Return Directive (‘2018 Proposal’), in particular a more humane return border procedure, the improvements are not sufficient given the low bar set by the 2018 Proposal. Moreover, the diminished judicial control, weakened right to asylum, policy fragmentation and questionable efficiency of the return system, as envisaged by the Pact, are challenges that need to be addressed.