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Detention of Asylum Seekers and Irregular Migrants and the Rule of Law (6 September 2017)

Another ELI Project output was successfully voted upon and approved by an overwhelming majority of ELI Council Members, namely the Statement on ‘Detention of Asylum Seekers and Irregular Migrants and the Rule of Law’.

Both the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) have developed extensive case law with regard to detention of third country nationals (TCN) and asylum seekers. Numerous principles established therein and the norms offered by the EU legislation in place, may pose a challenge to the harmonised application of common standards in detention cases for national judges across the EU Member States.  The result of the ELI’s Project is a comprehensive compilation of the basic European standards for the judicial control or adjudication on detention of asylum seekers and irregular migrants with an extensive commentary and explanatory notes. The approved Statement can be found here.


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The European Law Institute is an entirely independent organisation which aims to improve the quality of European law.