Directive 2008/115 and Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as meaning that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which they cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives.
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The “Return Directive”, with implementation deadline of 24 December 2010, sets up a common set of rules for the return of non-EU nationals who do not or who no longer fulfil the conditions for entry, stay or residence within the territory of any EU country, and the related procedural safeguards. It establishes a legal obligation for Member States to take due account of the best interests of the child (Article 5) and to use immigration detention of children and families only as a measure of last resort and for the shortest appropriate period of time (Articles 15 and 17).
This decision concerns a request for a preliminary ruling on the interpretation of article 5 of Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return Directive). The CJEU found that the child’s best interests principle applies also to decisions which are not addressed directly to a minor but have significant consequences for them.
This decision concerns a request for a preliminary ruling on the interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003 (the Dublin II Regulation). The CJEU found that the child’s best interests must be a primary consideration in all decisions adopted by the Member States on the basis of the referred norm.
The recast “Reception Conditions Directive” is a recast of a previous Directive (Council Directive 2003/9/EC of 27 January 2003), with implementation deadline of 21 July 2015. The Directive covers also detention of asylum seekers (artt. 8-10) and of vulnerable persons and minors (art. 11).
The Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (Council of Europe Treaty Series – No. 201) was adopted by the Committee of Ministers on 25 October 2007 and entered into force on 1 July 2010. It has been ratified by all the member States of the Council of Europe.