The Charter, detention and possible regularization of migrants in an irregular situation under the Returns Directive: Mahdi.

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3 Citations (Scopus)

Abstract

Directive 2008/115 lays down procedures for returning migrants who find
themselves in an irregular situation. This legislation, better known as the
Returns Directive, is possibly the most controversial one in the area of
migration policy. Indeed, the Directive has been the subject of constant
litigation since its entry into force and several cases, including the one
discussed here, have been decided under the urgent procedure. At the time of
writing there were three other references for a preliminary ruling pending
before the ECJ, and Advocate General Bot and the Court had also referred to
the Directive in another case. These references have been received from
national Courts in eight Member States, revealing not only complications in interpreting the Directive but also wrongful implementation by some of
them.
The judgment focuses on the interpretation of Article 15, concerning on
detention. It also briefly tackles Article 6(4) which authorizes Member States
to grant a residence permit to migrants in an irregular situation. The Court’s
interpretation of both articles will be discussed by reference to the EU Charter
of Fundamental Rights (EUCFR) since this is the first case where the Court
effectively used the Charter to enhance the rights of the individual concerned.
Original languageEnglish
Pages (from-to)1361-1378
Number of pages18
JournalCommon Market Law Review
Volume52
Issue number5
Publication statusPublished - 2015

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