![]() In view of the current increase in the number of third-country nationals illegally entering and staying in the Member States, and in order to ensure appropriate capacity to protect those in need, it is necessary to use to the full extent the flexibility provided for in Directive 2008/115/EC. It welcomed the Commission's intention to rapidly present an updated EU Action Plan on Return and to provide guidance for more operational returns by the EU and Member States and effective readmission based upon the existing acquis. The Malta Declaration of Heads of State or Government ( 5) of 3 February 2017 highlighted the need for a review of EU return policy based on an objective analysis of the way in which the legal, operational, financial and practical tools available at Union and national level are applied. In its Conclusions of 20-21 October 2016 ( 4), the European Council called for reinforcing national administrative processes for returns. Since the entry into force of Directive 2008/115/EC, and in the light of the increasing migratory pressure on the Member States, the challenges that the Union return policy needs to respond to have increased and brought this aspect of the European comprehensive migration policy to the forefront. The evaluations indicate that the margins of discretion left to the Member States by Directive 2008/115/EC led to an inconsistent transposition in national legislations, with a negative impact on the effectiveness of the Union return policy. The Schengen Evaluation Mechanism ( 2) and the information collected through the European Migration Network ( 3) have allowed for a comprehensive assessment of how Member States implement the Union policy on return. Having regard to the Treaty on the Functioning of the European Union, and in particular Article 292 thereof,ĭirective 2008/115/EC of the European Parliament and of the Council ( 1) lays down common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. On making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council
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