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Key Words Archives: Access to court

Popov v. France, ECtHR, Applications Nos. 39472/07 and 39474/07, Judgment of 19 January 2012

The European Court found that whilst mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, it cannot be inferred from this that the sole fact that the family unit is maintained necessarily guarantees respect for the right to a family life, particularly where the family is detained.

https://hudoc.echr.coe.int/eng?i=001-108710

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Council of Europe Parliamentary Assembly: A study of immigration detention practices and the use of alternatives to immigration detention of children

This study from the Council of Europe Parliamentary Assembly (PACE) provides an overview of issues relating to immigration detention practices, and promotes the use of alternatives to immigration detention of children (ATDs). The study argues that the main idea behind ATDs is identifying options which provide state authorities with a degree of control over asylum seekers while allowing for a basic freedom of movement. ATDs need to be regulated in order to avoid the arbitrary imposition of restrictions on liberty or freedom of movement and, even when alternatives apply, access to legal aid should be given to migrants, especially to children.

https://edoc.coe.int/en/migration/7533-a-study-of-immigration-detention-practices-and-the-use-of-alternatives-to-immigration-detention-of-children.html

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Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 on standards for the reception of applicants for international protection (recast)

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).

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013L0033&qid=1634037710766

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Council of Europe Parliamentary Assembly Resolution 1707 (2010): Detention of asylum seekers and irregular migrants in Europe

The Council of Europe Parliamentary Assembly invites to closely monitor the situation of the detention of asylum seekers and irregular migrants and establishes guiding principles in relation to legally permissible detention and minimum standards for conditions of detention. Furthermore, it encourages member states to examine and use to a much greater extent alternatives to detention.

https://pace.coe.int/en/files/17813

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