Detention – Page 3 – EU Migration Pact information

Screening Regulation:
Article 10 – Monitoring of fundamental rights

1. Member States shall adopt relevant provisions to investigate allegations of failure to respect fundamental rights in relation to the screening. Member States shall ensure, where appropriate, referral for the initiation of civil or criminal justice proceedings in cases of failure to respect or to enforce fundamental rights, in accordance with national law. 2. Each […]

Reception Directive:
Recital 22

All provisions under this Directive relating to detention, residence and reporting obligations as well as the reduction and withdrawal of rights or benefits should be applied with due regard to the principle of proportionality, ensuring at all times effective access to the applicable reception conditions in accordance with this Directive, in particular with regard to […]

Reception Directive:
Recital 29

With regard to administrative procedures relating to the grounds for detention, the notion of ‘due diligence’ at least requires that Member States take concrete and meaningful steps to ensure that the time needed to verify the grounds for detention is as short as possible, and that there is a real prospect that such verification can […]

Reception Directive:
Recital 32

There may be cases where it is not possible in practice to immediately ensure certain reception guarantees in detention, for example due to the geographical location or the specific structure of the detention facility. Any derogation from those guarantees should be temporary and should only be applied under the circumstances set out in this Directive. […]

Reception Directive:
Article 2 – Definitions

For the purposes of this Directive, the following definitions apply: (1) ‘application for international protection’ or ‘application’ means a request for protection from a Member State made by a third-country national or a stateless person who can be understood to be seeking refugee status or subsidiary protection status; (2) ‘applicant’ means a third-country national or […]

Reception Directive:
Article 5 – Information

1. Member States shall provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive. Member […]