Journal

Hotspots under a spotlight: the legality of the hotspot approach in Italy

Date: 
Monday, June 26, 2017

Introduction

Constituting an iconic flagship of the European Agenda on Migration, Hotspots are the tool designed by the European Commission to prevent the “inflow” of migrants who arrive to Italy and Greece. 

According to ...

Detention of asylum-seekers under the scope of Article 5(1)(f) of ECHR - some thoughts based on recent ECHR and CJEU jurisprudence

Date: 
Wednesday, September 14, 2016

Introduction

The deprivation of liberty is only authorised under the ECHR if it pursues a specific objective defined in subparagraphs (a)-(f) of Article 5(1). Detention of irregular migrants, as well as asylum seekers usually falls under subparagraph (f), which has two limbs: to prevent unauthorised entry or when action is being taken with the view to deportation. Under EU law Article 8(3) of the

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Prolonging detention under the Return Directive in Poland

Date: 
Friday, October 9, 2015

Introduction

Article 15 of Directive 2008/115/EC on the returns of irregular migrants has been subject to numerous preliminary references before the Court of Justice of the European Union (CJEU). Interpretative guidance has been given by the CJEU on how the period of pre-removal detention should be calculated as well as the grounds for extending detention under the Directive and the judicial control of a decision...