Administrative Immigration Detention as a Punitive Measure: Is it Time for a New Standpoint?

This paper critically examines the contentious realm of administrative immigration detention, probing its intrinsic punitive character. The initial segment sets the stage by contextualising the discourse on administrative detention within the immigration framework. Subsequently, it delves into the nuanced facets that reveal administrative detention's latent punitive essence. To this end, the study exposes the covert punitive objectives embedded within administrative detention, unveiling its severity and the consequential deprivation of personal liberty, in light of the Engel doctrine, as developed by the ECtHR's case-law and as acknowledged by the relevant ECJ's case-law. Crucially, this exploration advocates for the imperative alignment of punitive measures with commensurate guarantees. Drawing from the foundational principles of Article 6 ECHR and Articles 47 and 48 of the EU Charter of Fundamental Rights, it underscores the compelling argument that migrants subjected to administrative detention merit fair trial rights.