Detention of Irregular Immigrants: Impact of the Directive 2008/115/ec and the Cjeu’s Decisions in the Spanish Legislation
DOI:
https://doi.org/10.18042/cepc/rdce.53.06Keywords:
Detention of third-country nationals, detention centers, Directive 2008/115/EC, case law, removal, voluntary departureAbstract
The detention of irregular immigrants in specialized centers to ensure their removal is a contentious precautionary measure. This article analyzes to what extent the Spanish legislation, both the Organic Law 2/2009 and the Royal Decree that regulates the detention facilities, effectively implement the Directive 2008/115/EC and the CJEU’s decisions. Particularly, three of the main objectives of the Directive 2008/115/EC, namely establishing an effective removal policy, providing a period of voluntary departure, and guaranteeing the rights of the foreigners in detention centers are studied.Downloads
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