|
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 |
|
Lithuania |
2020 |
Legislative |
|
Detention during the asylum procedure |
A new alternative to detention was introduced, limiting the right to free movement to the territory of the accommodation facility. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
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 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The amendments strengthened the duty of authorities to provide information about a detained applicant's rights and entitlements. |
EASO Asylum Report 2021 |
|
Luxembourg |
2022 |
Legislative |
|
Detention during the asylum procedure |
A bill proposed the introduction of non-negligible risk of absconding as a reason for detention, specifying in what cases this risk is presumed. |
EUAA Asylum Report 2023 |
|
Netherlands |
2022 |
Policy |
|
Detention during the asylum procedure |
The Aliens Circular was amended to specify that a foreigner can be detained for a short period to investigate the person’s identity and their lawful status in the country. |
EUAA Asylum Report 2023 |
|
Latvia |
2020 |
Policy |
|
Detention during the asylum procedure |
The State Border Guard's internal regulations were amended to determine the procedure for children accompanied by an adult applicant who is ordered to be detained. |
EASO Asylum Report 2021 |
|
Greece |
2020 |
Legislative |
|
Detention during the asylum procedure |
The concept of closed controlled island structures (KEDN) was clarified. |
EASO Asylum Report 2021 |
|
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 |
|
Switzerland |
2020 |
Legislative |
|
Detention during the asylum procedure |
An amendment clarified that minors cannot be held in detention for the purposes of return. |
EASO Asylum Report 2021 |
|
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 |
|
Bulgaria |
2020 |
Legislative |
|
Detention during the asylum procedure |
A draft law aims to amend the Law on Foreigners in the Republic of Bulgaria, including, for example, shorter time limits for appealing decisions on pre-removal detention. |
EASO Asylum Report 2021 |
|
Germany |
2019 |
Legislative |
|
Detention during the asylum procedure |
The possibility was extended to place a foreigner in custody to secure removal (Sicherungshaft), with the objective to prevent absconding. |
DE LEG 03 2019 |
|
Cyprus |
2021 |
Legislative |
|
Detention during the asylum procedure |
The law on the ratification of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment was amended, formalising the practice that the Ombudsperson can visit freely, unhindered and unannounced any detention facility. |
EUAA Asylum Report 2022 |
|
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 |
|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The amendments further clairfied detention conditions. |
EASO Asylum Report 2021 |
|
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 |
|
Belgium |
2021 |
Policy |
|
Detention during the asylum procedure |
The Immigration Office set up a new department for alternatives to detention. |
EUAA Asylum Report 2022 |
|
Bulgaria |
2020 |
Policy |
|
Detention during the asylum procedure |
Bulgaria increased the capacity of two pre-removal facilities (Busmantsi and Lyubimets) from 700 to 1,060 persons. |
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 |
|
Hungary |
2020 |
Legislative |
|
Detention during the asylum procedure |
Asylum Law, Article 31/A(1a) was amended: It was added that there needs to be a risk of absconding, in order to take a foreigner into detention, when he/she did not apply for asylum and the Dublin III Regulation might apply. |
EASO Asylum Report 2021 |
|
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 |