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Screening Regulation:
Recital 11

Third-country nationals subject to the screening should remain available to the screening authorities during the screening. Member States should lay down in their national law provisions to ensure the presence of those third-country nationals during the screening in order to prevent absconding. Where it proves necessary and on the basis of an individual assessment of each case, Member States may detain a person subject to the screening, if other less coercive alternative measures cannot be applied effectively. Detention should only be applied as a measure of last resort in accordance with the principles of necessity and proportionality and should be subject to an effective remedy, in line with national, Union and international law. The relevant provisions of Directive (EU) 2024/1346Reception Directive of the European Parliament and of the Council (8) , for applicants for international protection, and the relevant rules on detention set out in Regulation (EU) Directive 2008/115/ECReturns Directive, for third-country nationals who have not made an application for international protection, should apply during the screening.


8. Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down the standards for the reception of applicants for international protection (OJ L, 2024/1346, 22.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1346/oj). ↩︎


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Categories: Recitals Key words: Absconding, Detention, Effective Remedy

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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