The Returns Directive in Light of the El Dridi Judgment
Perspectives on Federalism, Vol. 3, No. 1, p. 32, 2011
14 Pages Posted: 22 Jul 2011 Last revised: 2 Feb 2012
Date Written: July 21, 2011
Abstract
The judgment of the Court of Justice of the EU in the El Dridi case clarifies the scope of application of the Returns Directive, in particular with regard to the difference between criminal detention and pre-return detention and to the general objectives of the EU’s immigration policy. The ruling will have far-reaching consequences not only on the Italian criminal and expulsions system, but also on the national legislations of a number of Member States.
Keywords: Returns directive, El Dridi, irregular migration, detention, human rights, removal
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