Right to personal liberty; Immigration detention; Detention for the purpose of return; Article 5 ECHR; Article 6 CFREU; Fundamental rights
Abstract :
[en] This paper critically analyzes the legal tool of "administrative detention" of foreigners as a method of border control. It places particular emphasis on the recent reform proposal for this legal mechanism presented by the European Commission. This proposal has been scrutinized for its perceived inadequacy in fulfilling its intended objective, which is to enhance the efficiency of return procedures, as outlined by the European legislator. Furthermore, there are concerns that such legislative reform may hold the potential to compromise the fundamental essence of foreigners' right to personal liberty.
Disciplines :
Criminal law & procedure European & international law
Author, co-author :
BERNARDINI, Lorenzo ; University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL)
External co-authors :
no
Language :
English
Title :
Detained, Criminalised and Then (Perhaps) Returned: The Future of Administrative Detention in EU Law
Publication date :
July 2023
Main work title :
Immigration, Personal Liberty, Fundamental Rights
Author, co-author :
Coppetta, Maria Grazia; Università degli Studi di Urbino > Dipartimento di Giurisprudenza
