Detention – EU Migration Pact information

Reception Directive:
Article 10 – Detention

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 […]

AMMR:
Article 2 – Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘third-country national’ means a person who is not a citizen of the Union within the meaning of Article 20(1) and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5), of of the […]

Reception Directive:
Article 11 – Guarantees for detained applicants

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 […]

AMMR:
Article 44 – Detention

1. Member States shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation. 2. Where there is a risk of absconding or where the protection of national security or public order so requires, Member States may detain the person concerned in […]

Reception Directive:
Article 12 – Conditions of detention

1. Detention of applicants shall take place, as a rule, in specialised detention facilities. Where a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the detained applicant shall be kept separately from ordinary prisoners and the detention conditions provided for in this Directive shall apply. […]

AMMR:
Article 45 – Time limits for detained applicants

1. By way of derogation from Articles 39 and 41, where a person is detained pursuant to Article 44, the period for submitting a take charge request or a take back notification shall not exceed two weeks from the registration of the application for international protection or two weeks from receiving the Eurodac hit where […]

Reception Directive:
Article 13 – Detention of applicants with special reception needs

1. The health, including the mental health, of applicants in detention who have special reception needs shall be of primary concern to national authorities. Where the detention of applicants with special reception needs would put their physical and mental health at serious risk, those applicants shall not be detained. Where applicants with special reception needs […]

Eurodac Regulation:
Recital 53

Where detention is used in order to determine or verify a third-country national’s or stateless person’s identity, it should only be used by Member States as a means of last resort and in full respect of the European Convention for the Protection of Human Rights and Fundamental Freedoms and in compliance with relevant Union law, […]

Reception Directive:
Article 19 – General rules on material reception conditions and health care

1. Member States shall ensure that material reception conditions are available to applicants from the moment they make their application for international protection in accordance with Article 26 of . 2. Member States shall ensure that material reception conditions and health care received in accordance with Article 22 provide an adequate standard of living for […]

Procedures Regulation:
Recital 69

While the border procedure for the examination of an application for international protection can be applied without recourse to detention, Member States should nevertheless be able to apply the grounds for detention during the border procedure in accordance with the provisions of the in order to decide on the right of the applicant to enter […]