• $
  • €
  • ₽
  • ₺
  • £

EU Court rules no jail for illegal migrants

EU Court rules no jail for illegal migrants
07.06.2016 20:59
Non-EU migrants illegally entering an EU state in the Schengen zone should not face detention on those grounds, says the European Court of Justice.
Migrants staying illegally should instead be returned to the country from which they came under the so-called Return Directive, it said.

The ruling applies to migrants crossing borders within the passport-free area and on leaving the zone.
It will infuriate critics of EU policy, but contains several important caveats.

The ruling was triggered by the case of a Ghanaian migrant who was found to be using false Belgian travel documents by French police at the entrance to the Channel Tunnel.
Selina Affum was placed in police custody on grounds of illegal entry into French territory but argued that this was unlawful, in light of the EU's Return Directive.


 
Under the directive, an illegal migrant told to leave has up to 30 days to go voluntarily. After that, removal should not involve excessive force or place the person's life in danger.

The French court of cassation referred Ms Affum's case to the European Court of Justice, the EU's highest court.
"The Return Directive prevents a national of a non-EU country who has not yet been subject to the return procedure being imprisoned solely because he or she has entered the territory of a Member State illegally across an internal border of the Schengen area," the Luxembourg-based court ruled.
This was also the case when the migrant "is intercepted when leaving the Schengen area".

The ruling does not apply to the UK or Ireland, which are not within the Schengen zone. It also does not apply to Denmark, which although a member of the Schengen zone holds an opt out from European Union justice policies.
The ruling also contains some important conditions.
It says migrants may be detained - for up to 18 months - if there is "a risk of the removal being compromised", which may be interpreted to mean that they are a flight risk.

Detention is also permitted if a person is subject to a deportation order and has refused to go, or if they have already been deported, and have attempted to re-enter the country illegally, in breach of an entry ban.

www.ann.az
Youtube
Go
Similar news
Similar news
Pashinyan: Opposing New Constitution Means Resisting Final Peace with Azerbaijan
World 14:34
Pashinyan: Opposing New Constitution Means Resisting Final Peace with Azerbaijan
Tucker Carlson Claims US Could Strike Iran with Nuclear Weapons Under Israeli Pressure
World 12:30
Tucker Carlson Claims US Could Strike Iran with Nuclear Weapons Under Israeli Pressure
Iranian Foreign Minister Abbas Araghchi Arrives in Ashgabat for Bilateral Talks
World 12:00
Iranian Foreign Minister Abbas Araghchi Arrives in Ashgabat for Bilateral Talks
Tokayev Proposes Russia’s Accession or Observer Status in Organization of Turkic States
World 17:30
Tokayev Proposes Russia’s Accession or Observer Status in Organization of Turkic States
Russian Fifth-Generation Su-57 Fighter Catches Fire at AkhtubinskAirfield
World 17:00
Russian Fifth-Generation Su-57 Fighter Catches Fire at AkhtubinskAirfield
Sergey Lavrov Arrives in Atlanta for G20 Foreign Ministers' Meeting Following 20-Hour Flight
World 16:30
Sergey Lavrov Arrives in Atlanta for G20 Foreign Ministers' Meeting Following 20-Hour Flight
US Envoy to Türkiye Labels Ankara-Riyadh-Islamabad Mission to Iran a "New Diplomatic Format"
World 09:58
US Envoy to Türkiye Labels Ankara-Riyadh-Islamabad Mission to Iran a "New Diplomatic Format"
Alphabet Sheds Record $477 Billion in Market Value in a Single Day
World 09:30
Alphabet Sheds Record $477 Billion in Market Value in a Single Day
Ararat Mirzoyan Rules Out Armenia's Return to the CSTO
World 15:00
Ararat Mirzoyan Rules Out Armenia's Return to the CSTO
Anews TV

Our official Youtube channel

Subscribe