Research On Legal System Of Irregular Migrants Return In European Union

The EU is facing more and more serious problems of irregular migration.As an important judicial or administrative means to manage irregular migration,return plays an important role in coping with the migration crisis,easing social conflicts and maintaining the integration achievements.The EU legal system for the return of irregular immigrants is mainly applicable to the third country nationals who reside illegally in the member states.It requires the EU and its member states to follow the principle of non-refoulement,the principle of priority of voluntary return and the principle of proportion in the process of return of irregular immigrants.In terms of the procedural matters of return,the EU has made more detailed provisions,mainly including the decision of the competent authorities on the return of irregular migrants who meet the conditions of return,the provision of voluntary departure period,the adoption of temporary detention measures,the enforcement of compulsory departure and the issuance of entry ban.In addition,the EU continues to improve the supporting measures related to return,including upgrading the former European External Border Agency to the European Border and Coast Guard Agency,which is mainly responsible for coordinating the joint border enforcement and return operations of Member States.At the same time,the EU has also set up hotspots centers in the border countries of southern Europe,invested in financial,expert and technical support,and promoted the effective return of irregular immigrants.In order to solve the problem of receiving repatriated persons,the EU actively carries out return cooperation with third countries,but the sustainability of cooperation is controversial.In addition,due to the multi-level governance structure of the EU,countries can have certain autonomy in the specific implementation of return procedures according to the actual situation,which also leads to internal differences on the issue of irregular migration return,affecting the implementation of return operations.At present,China’s content on the return of irregular immigrants is mainly reflected in The Exit and Entry Administration law implemented in 2013.Relatively speaking,there are still deficiencies in systematization and integrity.Therefore,we can learn from the experience and lessons of EU on the return of irregular immigrants,refine the provisions on the return procedure,highlight the protection of basic human rights,and strengthen the talents in the field of return Team building,actively carrying out interregional cooperation on return matters,constantly improving the legal system for the return of irregular immigrants in China,and effectively responding to the problem of irregular immigrants in China.