|
Italy |
2020 |
Legislative |
|
Detention during the asylum procedure |
The amendments further clairfied detention conditions. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
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 |
|
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 concept of closed controlled island structures (KEDN) was clarified. |
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 |
|
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 |
|
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 |
|
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 |
|
Estonia |
2020 |
Legislative |
|
Detention during the asylum procedure |
A new surveillance measure was introduced, the appearing for counselling. |
EASO Asylum Report 2021 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
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 |
|
Lithuania |
2019 |
Legislative |
|
Detention during the asylum procedure |
Non-cooperation with authorities during the asylum application became a ground for detention. |
LT LEG 01 2019 |
|
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 |
|
Bulgaria |
2021 |
Legislative |
|
Detention during the asylum procedure |
Amendments to the Law on Foreigners introduced provisions for a swift judicial review of detention. |
EUAA Asylum Report 2022 |