1 alternatives to detention: an overview of practices in 27 eu member states adriano silvestri
Post on 21-Dec-2015
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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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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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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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