Annex B: Questionnaire sent to the ten selected Member States (BE, BG, DE, EL, ES, FR, IT, NL, PL, and SE) on 7 February 2020

• Author: Eisele, Katharina
• Pages: 119-121

Part I I: Evaluation of the im pleme ntation of the Return D irective

119

Annex B: Questionnaire sent to the ten selected Member States

(BE, BG, DE, EL, ES, FR, IT, NL, PL, and SE) on 7 February 2020

Scope of th e appli cation of the D irecti ve

1.

Does your administration use the possibility under Article 2(2)(a) and (b) of the Directive

not to apply the Directive to certain ca tegories o f third-c ou ntry nat io nal s? 1 If s o , in wh ich

cases?

Return decis ion and i ts impl ementatio n

2.

To which of the following categories do people receiving ret urn decisions in your

cou nt ry mo st f req ue ntly belo ng?

• entered irregularly your territory (including from another Member Sta te)

• received a negat ive final decision concerning their asylum applicatio n

• had a visa or a residence permit but it has expired or was withdrawn

• lost their refugee sta tus or subsidiary protection status?

3.

In which cir cumsta nces does y our a dministra tion app ly the possibilit y un der Ar ticle 6(4)

of th e Direct ive 2 to issue an authorisation to stay instead of return decis ion?

4.

Does y our administration have statistics related t o the numbers of r eturn decisions

issued? If so, how many return decisions were issued in your country and enforced with

respect to unaccompanied minors (in 2016, 2017, 2018, an d 2019)?, What ar e the

procedures in place to ensure that the best interests of the unaccompanied minors are

protected du ring the ret urn procedure?

What are the most common reasons for which a return decision is not enforced in your country?

Does y our adm inistra tion face o bst acles ident ified by the Co mmiss ion,3 such as

• Absconding and secondary movement of third-cou ntry nat io nals

• Lack of cooperation of third-cou ntry nationals

1 Under Article 2(2) of the Directive, States may decide not to apply the Directive to third-country nationals who:

(a) are subje ct to a r efusal of entr y in accordance wi th Articl e 13 of the Schenge n Borders Code, or who are

apprehended or intercepted […] in connection with the irregular crossing […] the external border of a Member State

and who have not subsequentl y obtained an author isation or a right to stay in that Member State;

(b) are subject to re tur n as a cri minal l aw sancti on or as a conseque nce of a cr imi nal law sanc tion , acco rding t o nati onal

law, or who are the subject of extradition procedures.

2 Under Article 6(4), Member States may […] decide to grant an autonomous residence permit or ot her authori sation

offer ing a r ight t o stay for co mpassionate , hu manitar ian or othe r re asons to a thi rd-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 dur ation of validity of the reside nce per mit or ot her authori sation offer ing a

right to stay.

3 European Commi ssion, Proposal for a Directi ve of the Eur opean Parl iament and of the Council on common standards

and procedures in Member States for returning illegally staying third-country nationals (recast), COM(2018) 634, 12

September 2018, p. 1-2.