|
Greece |
2020 |
Legislative |
|
Detention during the asylum procedure |
Children's protective custody was abolished. |
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 |
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 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The grounds for detention were extended: i) when there is a condition for which the rejection of refugee status (for reasons of national security or public order) and exclusion from subsidiary protection status is foreseen and ii) when a subsequent application is issued during the execution of a removal order. |
EASO Asylum Report 2021 |
|
Ireland |
2020 |
Legislative |
|
Detention during the asylum procedure |
The International Protection Act 2015 (Section 51B)(Places of Detention) Regulations 2020 set out the places of detention for the purpose of facilitating the return of a person whose application for international protection was determined to be inadmissible and who is subject of a return order. |
EASO Asylum Report 2021 |
|
Poland |
2021 |
Policy |
|
Detention during the asylum procedure |
To accommodate a larger number of detainees, as an emergency solution, the minimum space per person was reduced from 4 sqm to 2 sqm on the basis of the Ordinance of the Minister of the Interior and Administration. All detention centre for families and single women returned to 4 sqm on 25 April 2022, and the centre in Wedrzyn returned to 4 sqm on 6 June 2022. |
EUAA Asylum Report 2022 |
|
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 |
|
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 |
Applications submitted in detention, a hotspot or a repatriation centre are no longer prioritised. |
EASO Asylum Report 2021 |
|
Romania |
2020 |
Policy |
|
Detention during the asylum procedure |
The regulation on accommodation centres for foreigners taken into public custody was amended and a new chapter was added to regulate the General Inspectorate for Immigration's use of personal data. |
EASO Asylum Report 2021 |
|
Poland |
2021 |
Policy |
|
Detention during the asylum procedure |
The training centre of the Ministry of National Defence in Wędrzyn was lent to the Border Guard for purpose of detention, and two Border Guard stations in proximity of the Belarusian border (Dubicze Cerkiewne and Połowce) became centres for the registration of foreigners in which the foreigners were held after being issued a decision on detention, before being transported to a detention centre. |
EUAA Asylum Report 2022 |
|
Greece |
2022 |
Legislative |
|
Detention during the asylum procedure |
Presidential Decree No 77/17.11.2022 established Closed Controlled Access Centres (CCACs) on Samos, Kos, Leros, Lesvos and Chios as regional services of the Reception and Identification Service. |
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 |
|
Switzerland |
2022 |
Legislative |
|
Detention during the asylum procedure |
Legislation was amended to allow for detention at the border for up to 3 days without a judicial review and without a written order. |
EUAA Asylum Report 2023 |
|
Luxembourg |
2019 |
Legislative |
|
Detention during the asylum procedure |
An amendment allowed a systematic verification process for the prolongation of a third country national’s administrative detention. |
LU LEG 03 2019 |
|
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 |
|
Netherlands |
2020 |
Legislative |
|
Detention during the asylum procedure |
The grounds were extended for placing an unaccompanied minor in detention for the purpose of return. |
EASO Asylum Report 2021 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The maximum length of detention was shortened to 90 days from 180 days. This can be prolonged with an additional 30 days for citizens of a country that has signed repatriation agreement with Italy. |
EASO Asylum Report 2021 |
|
Italy |
2022 |
Legislative |
|
Detention during the asylum procedure |
The use of quarantine vessels was extended until the end of May 2022. |
EUAA Asylum Report 2023 |
|
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 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The amendments further clairfied detention conditions. |
EASO Asylum Report 2021 |
|
Lithuania |
2022 |
Legislative |
|
Detention during the asylum procedure |
Amendments to the Law on the Legal Status of Foreigners came into effect, noting additional grounds for the detention of asylum applicants during a state of emergency or an extreme situation due to a mass influx. |
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 |
|
Germany |
2019 |
Legislative |
|
Detention during the asylum procedure |
In the framework of the custody to secure departure (Ausreisegewahrsam), it was clarified that the risk of absconding is not a determining criteria. A person can be placed in custody to secure departure when the deadline for leaving the country has expired by more than 30 days. |
DE LEG 03 2019 |
|
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 |