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 administrative procedures that cannot be attributed to the applicant shall not justify a continuation of detention.
2. The detention of applicants shall be ordered in writing by judicial or administrative authorities. The detention order shall state the reasons in fact and in law on which it is based as well as why less coercive alternative measures cannot be applied effectively.
3. Where detention is ordered by administrative authorities, Member States shall provide for a speedy judicial review of the lawfulness of detention to be conducted ex officio or upon the request of the applicant, or both. When conducted ex officio, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the beginning of detention. When conducted upon the request of the applicant, such review shall be concluded as speedily as possible, taking into account the circumstances of each case, and no later than 15 days or, in exceptional situations, no later than 21 days from the launch of the relevant proceedings.
Where the judicial review referred to in the first subparagraph has, where conducted ex officio, not been concluded within 21 days from the beginning of detention or, where conducted upon the request of the applicant, not been concluded within 21 days from the launch of the relevant proceedings, the applicant concerned shall be released immediately.
4. Detained applicants shall immediately be informed in writing, in a language which they understand or are reasonably supposed to understand, of the reasons for detention and the procedures laid down in national law for challenging the detention order, as well as of the possibility to request free legal assistance and representation.
5. Detention shall be reviewed by a judicial authority at reasonable intervals of time, ex officio or upon the request of the applicant concerned, in particular whenever it is of a prolonged duration, relevant circumstances arise or new information becomes available which may affect the lawfulness of detention.
Without prejudice to the first subparagraph, the detention of unaccompanied minors shall be reviewed ex officio at regular intervals.
Where, as a result of the judicial review, detention is held to be unlawful, the applicant concerned shall be released immediately.
6. In the event of judicial review of the detention order provided for in paragraphs 3 and 5 of this Article, Member States shall ensure that applicants have access to free legal assistance and representation under the conditions set out in Article 29.
Correlation table
| Directive 2013/33/EU | This Directive |
| Articles 9 | Article 11 |