|
Ireland |
2022 |
Policy |
|
Detention during the asylum procedure |
Immigration detention facilities became operational at Dublin airport. |
EUAA Asylum Report 2023 |
|
Estonia |
2020 |
Legislative |
|
Detention during the asylum procedure |
The Act on Granting International Protection to Aliens was amended to include the conditions and timeframes for detaining applicants in an emergency situation caused by mass arrivals. |
EASO Asylum Report 2021 |
|
Netherlands |
2019 |
Legislative |
|
Detention during the asylum procedure |
The law proposal to amend the Aliens Act (Vw) established a legal basis for border detention after rejection of an asylum application. |
NL LEG 04 2019 |
|
Lithuania |
2021 |
Legislative |
|
Detention during the asylum procedure |
Amendments to the Law on the Legal Status of Aliens prolong detention for an additional 6 months (up to 1 year in total) and limits the freedom of movement to specific geographical areas. An asylum seeker may be detained or movement restricted to the place of accommodation if entering the territory illegally in the event of a war, an emergency or an emergency due to a mass influx of foreigners. |
EUAA Asylum Report 2022 |
|
Sweden |
2022 |
Policy |
|
Detention during the asylum procedure |
As part of the Swedish Migration Agency policy to increase detention capacity, a new detention centre with 114 places was opened in Mölndal. |
EUAA Asylum Report 2023 |
|
Estonia |
2019 |
Policy |
|
Detention during the asylum procedure |
A legal counsellor was assigned to the detention centre to ensure legal aid for detainees. |
EASO Asylum Report 2020 |
|
Germany |
2019 |
Legislative |
|
Detention during the asylum procedure |
500 additional return detention places were created in regular prisons – in separated premises from inmates - temporarily until 2022, next to the existing 500 special return places. |
DE LEG 03 2019 |
|
Germany |
2020 |
Legislative |
|
Detention during the asylum procedure |
A draft law introduces the additional preparatory detention (Erg?nzende Vorbereitungshaft) for persons awaiting removal, if they pose a serious risk to others' lives or for significant interests of internal security. |
EASO Asylum Report 2021 |
|
Greece |
2020 |
Legislative |
|
Detention during the asylum procedure |
The police director may issue a detention order upon the Asylum Service's prior notice. A judicial review is undertaken for the prolongation of the detention order but not for the initial order. The maximum initial detention period was extended from 45 days to 50 days and the total maximum detention period was extended from 3 months to 18 months. |
EASO Asylum Report 2021 |
|
Germany |
2019 |
Legislative |
|
Detention during the asylum procedure |
Custody when preparing for a removal (Vorbereitungshaft) was extended for persons who are considered to be a threat to public security. |
DE LEG 03 2019 |
|
Hungary |
2019 |
Legislative |
|
Detention during the asylum procedure |
An amendment entered into force which added new criteria for compulsory confinement of third country nationals under the Aliens Policing Procedure. |
HU LEG 03 2019 |
|
Greece |
2021 |
Policy |
|
Detention during the asylum procedure |
Closed Controlled Access Centres (CCACs) were established at the borders with special detention facilities. |
EUAA Asylum Report 2022 |
|
Latvia |
2022 |
Legislative |
|
Detention during the asylum procedure |
Internal Regulation No 23.1-8.2/12 of the State Border Guard entered into force, defining the actions to take if minor children arrive with a detained adult asylum seeker. |
EUAA Asylum Report 2023 |
|
Sweden |
2021 |
Policy |
|
Detention during the asylum procedure |
The Swedish Migration Agency adopted legal positions on several issues providing guidance on the calculation of detention times, the validity period of a detention decision and which authority is competent to address detention if there is an enforceable expulsion or expulsion decision and the detainee applies for protection. |
EUAA Asylum Report 2022 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
Detained applicants can address petitions and complaints to the national, regional and local ombudspersons. |
EASO Asylum Report 2021 |
|
Switzerland |
2022 |
Legislative |
|
Detention during the asylum procedure |
The Federal Council announced that it will not create a legal basis in the Law for Foreigners and Integration for the introduction of electronic bracelets as an alternative to administrative detention. |
EUAA Asylum Report 2023 |
|
Italy |
2022 |
Legislative |
|
Detention during the asylum procedure |
The new regulation for pre-removal detention centres (CPR) was published, followed by a circular from the Department of Civil Liberties and Immigration on its implementation. The circular regulates access to the centres, the services provided, communication, visits as well as monitoring and controls. |
EUAA Asylum Report 2023 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
Applications submitted in detention, a hotspot or a repatriation centre are no longer prioritised. |
EASO Asylum Report 2021 |
|
Hungary |
2020 |
Legislative |
|
Detention during the asylum procedure |
Asylum Law, Article 31/A(10) was amended: It was added that asylum detention can also take place - in exceptional cases - in a health care institution. |
EASO Asylum Report 2021 |
|
Estonia |
2020 |
Legislative |
|
Detention during the asylum procedure |
A new surveillance measure was introduced, the appearing for counselling. |
EASO Asylum Report 2021 |
|
Estonia |
2022 |
Legislative |
|
Detention during the asylum procedure |
Amendments to the Obligation to Leave and Prohibition on Entry Act (OLPEA) came into force, providing for the possibility for the PBGB or the Estonian Internal Security Service to detain third-country nationals for up to 48 hours, without the permission of an administrative court, to carry out identification procedures and to determine whether they are subjected to an obligation to leave the country. |
EUAA Asylum Report 2023 |
|
Luxembourg |
2022 |
Legislative |
|
Detention during the asylum procedure |
A bill was introduced to the parliament proposing to extend the possibility of administrative detention to any illegally-staying foreigner who needs to be forcibly removed, including EU citizens and their family members who were issued a removal order. |
EUAA Asylum Report 2023 |
|
Sweden |
2022 |
Policy |
|
Detention during the asylum procedure |
The Swedish Migration Agency published a legal comment on detainees who are or will be subject to another form of deprivation of liberty (RK/001/2022). |
EUAA Asylum Report 2023 |
|
Czech Republic |
2019 |
Legislative |
|
Detention during the asylum procedure |
A new alternative to detention was approved, involving stays at a designated residence with regular checks. |
CZ LEG 01 2019 |
|
Netherlands |
2020 |
Legislative |
|
Detention during the asylum procedure |
An amendment to the Aliens Act established a clear legal basis for continuing the detention of a rejected applicant at the border during the appeal phase in the border procedure. |
EASO Asylum Report 2021 |