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Alternatives to detention:

An overview of practices in 27 EU Member States

Adriano Silvestri

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Article 2 – Objective: WHAT?

• Provide institutions, bodies, offices, and agencies of EU and its MSs with “assistance and expertise” in order to support them to “fully respect fundamental rights”

Article 2 – Objective: WHAT?

• Provide institutions, bodies, offices, and agencies of EU and its MSs with “assistance and expertise” in order to support them to “fully respect fundamental rights”

Article 4 – Tasks: HOW?

• Collection and analysis of comparable data• Reports, conclusions, opinions• Promotion of dialogue with civil society organisations and raising

awareness of fundamental rights

Article 4 – Tasks: HOW?

• Collection and analysis of comparable data• Reports, conclusions, opinions• Promotion of dialogue with civil society organisations and raising

awareness of fundamental rights

Article 3 – Scope: WHERE?

• Within Community law as laid down in Treaty on the Functioning of the EU

• FR as defined in Article 6(2) TEU• In the EU and its MS where they are implementing EU law

Article 3 – Scope: WHERE?

• Within Community law as laid down in Treaty on the Functioning of the EU

• FR as defined in Article 6(2) TEU• In the EU and its MS where they are implementing EU law

FRA Mandate: Regulation 168/2007

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Publications 2010-11:

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FRA researchProject on the rights of irregular migrants in voluntary and involuntary return procedures

Report “Detention of third-country nationals in return procedures”, November 2010

Focus on pre-removal detention (not asylum seekers):

Alternatives in national law Different types of alternatives Duty to examine alternatives first

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“Return Directive” 2008/115/ECRecital 16

The use of detention for the purpose of removal should be limited and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient.

Article 15(1)

Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures …

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Alternatives EU 27(Nov 2010)

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Duty to

surrender documents

Residence restrictions

Bail / sureties

Regular reporting

Designated residence & counselling

Electronic monitoring

Austria X X X Belgium X Bulgaria X Czech Republic X X Denmark X X X X XEstonia X X X Finland X X X France X X X X Germany X X Greece X X X X Hungary X X Ireland X X X Italy X X X Latvia X X Lithuania X X Luxembourg X Netherlands X X XPoland X Portugal X X XRomania X X Slovakia (from 2012) X X Slovenia X X Sweden X X

United Kingdom X X X X X

Existing types of alternatives

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Thank you for your attention!

fra.europa.eu