CJEU, Hassen El Dridi case, Case no. C-61/11 PPU, 28 April 2011

The CJEU found that the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Members States for returning illegally staying third-country nationals must be interpreted as precluding a Member...

O.M. v. Hungary, ECtHR, Application No. 9912/15, Judgment of 5 July 2016

The Court recalls that detention is authorised under subparagraph (b) of Article 5 § 1 only to ‘secure the fulfilment’ of the obligation prescribed by law. It follows that, at the very least, there must be an unfulfilled obligation incumbent on the person concerned,...

The District Court in Olsztyn, decision VII Kz 388/21, 6 August 2021

The Court stated that the regional court did not consider alternative measures and the family’s detention as a measure of last resort, detention has a negative impact on the child’s well-being, detention should be a measure of a last resort. Source: PDF with the...
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