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The ELI Project on ‘Detention of Asylum Seekers and Irregular Migrants and the Rule of Law‘ presented at the Annual Conference on European Migration Law 2016

On 16 June Bostjan Zalar, Chair of the ELI Project on ‘Detention of Asylum Seekers and Irregular Migrants and the Rule of Law‘ presented the interim progress and outline of the project at the Annual Conference on European Migration Law 2016 organised by the Academy of European Law (ERA) in Brussels.

After introducing the rules and standards on detention under EU law, as well as the interplay between EU law, ECtHR and national laws, Mr Zalar explained the structure of the planned final product of the Project (ELI Statement). Mr Zalar emphasised the practical usability of the Check-lists and explanatory notes, which will constitute an integral part of the Statement. During his presentation Mr Zalar provided participants with examples of basic standards with regard to detention of asylum seekers and irregular migrants, as stemming from EU, ECtHR and national laws. These standards are included the Check-lists and supplemented by additional  commentaries provided in explanatory notes to the respective lists. Such a format is an innovative feature of the ELI Project and aims at making the Statement a practical tool for judges. The project team members, working on the Statement are highly experienced renown experts representing diverse geographical and professional environment, including the CJEU, ECtHR, national courts and academia.

The goal of the Conference was to discuss the preliminary results of the EU plan to strengthen its ability to return irregular migrants and refused asylum-seekers as well as to enhance cooperation and mutual trust between Member States and with third countries.

The Conference gathered representatives of all crucial organisations and institutions working in the field of migration – Council of the EU, European Commission, ECtHR, Frontex , UNHCR, as well as experts representing academia.

The ELI project aims to contribute to an effective implementation of due process standards and material conditions for detention based on an integrated approach in respect of EU secondary law, case-law of the CJEU and case-law of the ECtHR in judicial practices of the Member States (first indent of Article 3(2) of the Association). The final product of this project will be a user-friendly and well-referenced check list of all due process standards and material law on detention for the competent judges.

You can find more information about the Project here