Legislating without Evidence: The Recast of the EU Return Directive

Abstract The article discusses the recast of EU Return Directive (2008/115/EC) from perspective effectiveness and fundamental rights protection, as two underlying objectives Directive. Relying on implementation assessment carried out by European Parliamentary Research Service, analyses way in which Member States have implemented how this has impacted If adopted proposed, will strengthen or further undermine effectiveness? focuses return decision, voluntary departure, entry ban, detention. It also looks at omissions proposal, namely a missed opportunity to remedy current shortcomings regards non-returnable people. As concludes, proposal hardly improve may lead violations people an irregular situation.