Recent Developments in Detention and Return of Illegal Migrants: In Need for More Differentiated Approach
Recent Developments in Detention and Return of Illegal Migrants: In Need for More Differentiated Approach

Summary/Abstract: Current political situation, agitated by the hitherto unprecedented influx of irregular migrants, has brought about a public discussion concerning stricter rules on handling such migrants. It is worth recalling that the EU addressed the issue of return and detention of illegal migrants already in 2008 by the Return Directive, which has been criticised for compromising the fundamental rights of migrants; making the rules even stricter would thus be very controversial from the human rights point of view. Still, the Commission has heeded these calls and has recently issued a recommendation, suggesting a stricter interpretation of the rules currently in place. In his regard, it is important to realize that the rules contained in the Return Directive cover all persons being (currently) illegally on the EU territory, both those who have come fully in accordance with the law, in particular in order to work or provide services, and those who have entered the EU illegally, hide their identity and do not follow the rules on migration. We suggest in this article that differentiation between these categories of migrants may be in order.

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