1 Alternatives to detention: An overview of practices in 27 EU Member States Adriano Silvestri

2 Article 2 – Objective: WHAT? Provide institutions, bodies, offices, and agencies of EU and its MSs with “assistance and expertise” in order to support them to “fully respect fundamental rights” Article 2 – Objective: WHAT? Provide institutions, bodies, offices, and agencies of EU and its MSs with “assistance and expertise” in order to support them to “fully respect fundamental rights” Article 4 – Tasks: HOW? Collection and analysis of comparable data Reports, conclusions, opinions Promotion of dialogue with civil society organisations and raising awareness of fundamental rights Article 4 – Tasks: HOW? Collection and analysis of comparable data Reports, conclusions, opinions Promotion of dialogue with civil society organisations and raising awareness of fundamental rights Article 3 – Scope: WHERE? Within Community law as laid down in Treaty on the Functioning of the EU FR as defined in Article 6(2) TEU In the EU and its MS where they are implementing EU law Article 3 – Scope: WHERE? Within Community law as laid down in Treaty on the Functioning of the EU FR as defined in Article 6(2) TEU In the EU and its MS where they are implementing EU law FRA Mandate: Regulation 168/2007

3 Publications :

4 FRA research Project on the rights of irregular migrants in voluntary and involuntary return procedures Report “Detention of third-country nationals in return procedures”, November 2010 Focus on pre-removal detention (not asylum seekers):  Alternatives in national law  Different types of alternatives  Duty to examine alternatives first

5 “Return Directive” 2008/115/EC Recital 16 The use of detention for the purpose of removal should be limited and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Article 15(1) Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures …

6 Alternatives EU 27 (Nov 2010)

7 Duty to surrender documents Residence restrictions Bail / sureties Regular reporting Designated residence & counselling Electronic monitoring Austria XXX Belgium X Bulgaria X Czech Republic XX Denmark XXXX X Estonia XX X Finland X XX France XXXX Germany X X Greece XXXX Hungary X X Ireland XX X Italy XX X Latvia X X Lithuania X X Luxembourg X Netherlands XXX Poland X Portugal X X X Romania X X Slovakia (from 2012) XX Slovenia X X Sweden X X United Kingdom XXXX X Existing types of alternatives

8 Thank you for your attention! fra.europa.eu