Return Decisions as a Measure for Protecting Freedom, Security and Legal Space

In the second quarter of 2023, the total number of non-EU citizens ordered to leave the territory of a European Union Member State was 105 865. This is just the tip of the iceberg. It is almost impossible to determine the exact number of people who no longer have, or even have had, a legal basis to be in the European Union. The Council of the European Union alone adopted the Return Action Programme in 2002, calling on the Member States to cooperate in the practical return process by agreeing on common standards for the adoption of a return decision. The aim of this publication is to examine the legal termination of illegal stay in the European Union, assessing the timeliness of the creation of the legal framework and the possibilities of using the Schengen Information System to protect freedom of movement.