Detention of Asylum Seekers and Irregular Migrants and the Rule of Law: checklists and European standards

This training material aims to equip justice practitioners, in particular judges dealing with detention cases and lawyers defending such applicant, with tools to uphold the rule of law. For the creation of this training material procedural standards and material law on detention grounded in secondary EU law, the case-law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) as well as national judicial practices were identified, compiled and systematised. International and regional recommendations and guidelines on detention of asylum seekers and irregular migrants were also analysed. The training material consists of check-lists for each of the three secondary EU law instruments on detention (Dublin III Regulation, Return Directive and Recast Reception Directive). Each checklist consists of approximately 40 basic standards or rules that might be relevant in the judicial review of detention cases as well as recommendations on how to apply those standards, including standards and safeguards for children and other vulnerable persons, in a coherent manner. Definitions of detention under each of the above instruments, persons who can be subject to detention, permissible grounds for detention, as well as explanatory notes on the check-lists, where relevant, form an integral part of the work.