Rights of irregular immigrants in return procedures

The project will also identify good practices at the national level, which could guide discussions on how to improve the directive. The report is intended to inform national debates on how to implement the Return Directive and to offer perspectives and opinions of the Agency of how the directive needs to be improved/ amended from a fundamental rights perspective.

Details - What does the project involve?

This project is implemented through FRALEX, the legal experts group of the FRA. FRALEX national teams will produce country reports based on a detailed questionnaire developed by the Agency. The comparative reports will be produced in-house by staff of the Agency based on these country reports.

The project will focus on the following topics: detention of irregular immigrants in the EU in order to secure return (law, practice and available statistics); detention of irregular immigrant children together with their parents or on their own (law, practice and available statistics); detention conditions for irregular immigrants and how these conditions compare to detention of convicted criminals (law and practice); average and maximum duration of detention and relevant legal and procedural safeguards; effective remedies for irregular immigrants; treatment of irregular immigrants in transit zones; treatment of irregular immigrants intercepted at the border; entry-bans; treatment of irregular immigrants when return is not possible.

Innovation - What's 'new' about the project?

This will be the Agency's first report on this topic.

Outputs - What will the project deliver?

The research part of this project has now been completed and the outputs are shown in the publications tab.

FRA Programme: WP 2009, ref: 2.1.2

Related Information

The background of this project is the Return Directive, which was adopted after a heated debate in December 2008. This directive met widespread criticism by civil society, but also at international level.

Project Manager: 
Adriano Silvestri
Adriano Silvestri

Adriano Silvestri

Job Title: 
Head of Sector Asylum, Migration and Borders
Department: 
Freedoms and Justice Department
Email: 
migration@fra.europa.eu