|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Greece |
2020 |
Legislative |
|
Detention during the asylum procedure |
Children's protective custody was abolished. |
EASO Asylum Report 2021 |
|
Poland |
2022 |
Policy |
|
Detention during the asylum procedure |
A special strategy was developed to provide additional places in detention centres in an emergency situation. |
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 |
|
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 |
|
Germany |
2019 |
Legislative |
|
Detention during the asylum procedure |
A “detention for non-cooperation” (Mitwirkungshaft) of 14 days was introduced, enforceable against foreigners who do not cooperate in the establishment of their identity in the framework of return. |
DE 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 |
|
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 |
|
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 |