According to Advocate General Bot, a Member State may not, except in exceptional circumstances, rely on the lack of specialised centres in part of its territory in order to detain in prison a third-country national awaiting his removal, even with the consent of that third-country national
Date of article: 30/04/2014
Daily News of: 30/04/2014
Country: EUROPE
Author: Court of Justice of the European Union
Article language: en
The ‘Returns’ Directive provides that, where third-country nationals are awaiting removal, the Member States must use the least coercive measures possible, according to a gradation which goes from the granting of a period for voluntary departure to detention. Where the authorities opt for detention, this must take place in a specialised facility and can only take place on an exceptional basis in a prison, the Member State then having to ensure that the third-country national is separated from ordinary prisoners.