Skip to main content

European Parliament and Council Directive on Common Standards and Procedures in Member States for Returning Illegally Staying Third Country Nationals

European Parliament and Council Directive on Common Standards and Procedures in Member States for Returning Illegally Staying Third Country Nationals

Human Mobility
Legislation
2008
Year of publication
2008
Specific thematic area
Displacement
Sector of governance
Human Mobility
Type of human mobility
Migration
Characteristics of human mobility
Not available
Type of environmental driver
None
Local governance marker
Not Available
Sudden-onset/slow-onset
None
Regional instruments Member countries
Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden
Sub-region
Multiple
Region
Multiple
Macro-region
Europe
Author/issuing body
European Council
Relevant GCM objective
    21 - Dignified return and reintegration
Child marker
Not Available
Gender marker
Not Available
Human rights marker
Not Available

4. Member States may at any moment decide to grant an autonomous residence permit or other authorisation offering a right to stay for compassionate, humanitarian or other reasons to a third-country national staying illegally on their territory. In that event no return decision shall be issued. Where a return decision has already been issued, it shall be withdrawn or suspended for the duration of validity of the residence permit or other authorisation offering a right to stay.

Arts. 6(4), 9(2)

2. Member States may postpone removal for an appropriate period taking into account the specific circumstances of the individual case.

Arts. 6(4), 9(2)

*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).