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Since the objective of this Directive, namely to establish harmonised standards for the reception conditions of applicants in Member States, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with […]
1. Member States shall not hold a person in detention for the sole reason that that person is an applicant or on the basis of the nationality of that applicant. The detention shall be based only on one or more of the grounds for detention set out in paragraph 4. The detention shall not be […]
1. The best interests of the child shall be a primary consideration for Member States when implementing the provisions of this Directive that possibly affect minors. Member States shall ensure a standard of living adequate for the minor’s physical, mental, spiritual, moral and social development. 2. In assessing the best interests of the child, Member […]
A daily expenses allowance should be provided to applicants in all cases as part of the material reception conditions in order for applicants to enjoy a minimum degree of autonomy in their daily life. It should be possible to provide the daily expenses allowance as a monetary amount, in vouchers, in kind, such as in […]
Where Member States define in national law the objective criteria that are relevant for determining a risk of absconding under this Directive, they could consider factors such as: the applicant’s cooperation with competent authorities or compliance with procedural requirements; the applicant’s links in the Member State; and whether the application for international protection has been […]
Minors should, as a rule, not be detained. They should be placed in suitable accommodation with special provisions for minors, including where appropriate in non-custodial, community-based placements. Given the negative impact of detention on minors, such detention should only be used, in accordance with Union law, exclusively in exceptional circumstances, where strictly necessary, as a […]
Due to the possibly temporary nature of the stay of applicants and without prejudice to Regulation (EU) No 1231/2010 of the European Parliament and of the Council (11), Member States should be able to exclude social security benefits which are not dependent on periods of employment or on contributions from equal treatment between applicants and […]
In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission on explanatory documents (13), Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of […]
1. An applicant shall be detained only for as short a period as possible and shall be kept in detention only for as long as the grounds set out in Article 10(4) are applicable. Administrative procedures relevant to the grounds for detention set out in Article 10(4) shall be executed with due diligence. Delays in […]
1. Where an application is made by a person who claims to be a minor, or in relation to whom there are objective grounds to believe that that person is a minor, Member States shall designate: (a) a person suitable to provisionally act as a representative under this Directive until a representative has been appointed; […]
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