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).
Key Words Archives: Necessity and proportionality
“This General comment replaces General comment No. 10 (2007) on children’s rights in juvenile justice. The scope of the comment is focused on children alleged as, accused of or recognized as having infringed criminal law.
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 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.