Journal

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...

Recent challenges to accelerated procedures involving detention in the UK

Date: 
Friday, August 7, 2015

In Saadi v UK (application No. 13229/03),  the European Court of Human Rights ruled that detention for administrative convenience, for the processing of applications for asylum, as carried out in the UK’s detention centre at Oakington at that time did not violate Article 5(1) of the European Convention on Human Rights. It was a controversial judgment and there is a powerful joint dissenting opinion, but the European Court of Human Rights had reached the same...