THE REVISED HANDBOOK ON RETURNS OF THE EUROPEAN COMMISSION
returns, which they are recommended (paragraph 6) to be subject to the minimum foreseen
time of 7 days according to Article 7 paragraph 1 of the Directive (which allows for 7 to 30
days), while the guarantees of rights are demarcated, as for example the suspensive effect
of the appeals:
The revised Handbook (paragraph 12.4) recommends to the member states to proceed
to provide ipso jure suspensive effect in appeals against return decisions only in two
instances, these being the invocation of non- refoulement (of the non-return for reasons
of international protection) because irreparable damage to life or serious risk of grave and
irreversible deterioration of the state of health are at stake and not for other reasons. The
Handbook mentions noticeably the other reasons for which automatic suspensive effect is
not justified and that is the case of appeals related to medical care, familial cohesion, or the
best interests of the minor.
Finally, the Handbook recommends the use of exceptional procedures at the borders, in
other words the exceptions that are foreseen from the normal procedure of the Directive,
for example because of agreements for readmissions (article 2, paragraph 2.a). It is
noteworthy, through the interpretation of the rule that the derogation from the rule should
be recommended, but this would be a logical paradox only and not a paradox from a
political viewpoint. The justification of the Handbook (paragraph 2.1) is exactly the use of
exceptional, more effective procedures “in the case of frontline Member States experiencing
significant migratory pressure”
This “significant” factor of pressure constitutes, of course, an evaluative judgement,
sufficiently vague, for which no criteria or measures for weighing up are provided.
The question then arises, following the above, as to whether some content is left behind in
the clause regarding the maintenance of possible, more favourable measures which do not
come into conflict with the binding nature of the content of the Directive (article 4), if the
binding content is interpreted according to the guidelines of the Handbook.
The total picture of the Handbook seems to be governed by the logic that the entrenchment of
rights and guarantees clashes with the effectiveness of returns. This opinion underestimates
malfunctions in the system of returns, such as the outlay and the time consuming character
of the procedures of return, the degree of co-operation of the countries of origin or
readmission, the malfunctions of the administrative mechanism on issues of co-ordination
and capacity of the competent services from the point of view of staffing and a clear
regulatory framework of operation, and so forth. These malfunctions, speaking from the
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