Is the Return of Syrian Refugees Permissible Under EU Law?
A Brief Legal Analysis of Syrian Refugee Returns under EU Law

The return of Syrians has been on the agenda of EU Member States for a while. In October 2024, they collectively expressed the need to ensure safe, voluntary, and dignified return of Syrians while seeking new ways to prevent and counter irregular migration. Several Member States urged the EU to revise its current strategy on Syria, adopted in 2017. In sum, Member States called for the EU to implement a more stringent policy.

However, the return of Syrian refugees is a complex issue. While EU Member States are increasingly seeking to facilitate their returns, the situation on the ground remains unstable and unsafe. International law sets out clear rules and safeguards for return processes. EU law also establishes common standards that Member States must comply with regarding returns.

This study provides a brief overview of the general legal framework that EU Member States must consider when determining the return of Syrians to their country of origin. Although political discourse centres on return, it is essential to distinguish political rhetoric from legal reality. Member States are bound by the international refugee protection regime, which consists of the Convention Relating to the Status of Refugees (hereinafter the 1951 Refugee Convention) and its 1967 Protocol, UNHCR practices, and human rights instruments, primarily the European Convention on Human Rights (ECHR) and the case law of the European Court of Human Rights (ECtHR), all of which complement the protection. At the EU level, Member States are bound by the Return Directive, the Charter of Fundamental Rights of the European Union and the fundamental principles of EU law as set forth in the Treaty on European Union, as well as the case law of the Court of Justice of the European Union (CJEU).

In this regard, the study elucidates the current situation in Syria by analysing the observations and reports from governmental and credible non-governmental organisations. It further evaluates the circumstances on the ground within the legal framework, aiming to clarify the legal obligations and conditions that must be met for returns to occur in compliance with international and EU law.