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Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals

On 26/01/2022 in

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).

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32008L0115

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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)

On 21/10/2021 in

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 1810 (2011): Unaccompanied children in Europe: issues of arrival, stay and return

On 21/10/2021 in

The Council of Europe Parliamentary Assembly establishes that child protection rather than immigration control should be the driving concern in how countries deal with unaccompanied children. Unaccompanied children should never be detained. The detention of children on the basis of their or their parents’ immigration status is contrary to the best interests of the child and constitutes a child rights violation as defined in the United Nations Convention on the Rights of the Child.

https://pace.coe.int/en/files/17991

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

On 21/10/2021 in

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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