Pre-removal detention is usually considered an administrative measure aimed at the facilitation of the removal of irregular migrants by preventing them from absconding during removal proceedings. The administrative nature of immigration detention implies that persons subject to this measure do not have access to the fair trial guarantees that criminal detainees are entitled to. However, the assessment of pre-removal detention under European Union and Swiss legislation demonstrates the penal nature of such detention despite its formal administrative classification. The penal nature of immigration detention is most easily revealed by the explicit deterrent—if not punitive—function it is supposed to fulfill in order to force foreigners to coop...
textabstractIn most EU countries and the United States, immigration detention is defined as an admini...
In this article, we take issue with the echr standards on pre-trial detention. These standards are c...
Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is,...
This paper critically examines the contentious realm of administrative immigration detention, probin...
In this paper, several aspects of the administrative detention discipline in the light of the Inter-...
The use of detention for immigration purposes is a carceral trend that continues to increase across ...
The contemporary convergence between immigration control and criminal justice entails a substantial ...
The administrative deprivation of liberty of third-country nationals for immigration purposes has pr...
At EU-level, the use of substantive criminal law as a response to illegal migration is materialised ...
Detention of migrants in Europe has become an increasingly common measure to deal with the growing n...
This paper critically analyzes the legal tool of "administrative detention" of foreigners as a metho...
Under Swedish law, an alien convicted of an offence punishable by imprisonment may be sentenced to d...
International audienceIn its decisions with regard to pre-removal detention under Directive 2008/115...
In most EU countries and the United States, immigration detention is defined as an administrative, n...
In a context of a low effectiveness of current return policies and negative consequences of pre-remo...
textabstractIn most EU countries and the United States, immigration detention is defined as an admini...
In this article, we take issue with the echr standards on pre-trial detention. These standards are c...
Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is,...
This paper critically examines the contentious realm of administrative immigration detention, probin...
In this paper, several aspects of the administrative detention discipline in the light of the Inter-...
The use of detention for immigration purposes is a carceral trend that continues to increase across ...
The contemporary convergence between immigration control and criminal justice entails a substantial ...
The administrative deprivation of liberty of third-country nationals for immigration purposes has pr...
At EU-level, the use of substantive criminal law as a response to illegal migration is materialised ...
Detention of migrants in Europe has become an increasingly common measure to deal with the growing n...
This paper critically analyzes the legal tool of "administrative detention" of foreigners as a metho...
Under Swedish law, an alien convicted of an offence punishable by imprisonment may be sentenced to d...
International audienceIn its decisions with regard to pre-removal detention under Directive 2008/115...
In most EU countries and the United States, immigration detention is defined as an administrative, n...
In a context of a low effectiveness of current return policies and negative consequences of pre-remo...
textabstractIn most EU countries and the United States, immigration detention is defined as an admini...
In this article, we take issue with the echr standards on pre-trial detention. These standards are c...
Asylum seekers and refugees are some of the most vulnerable people in the world. The sad reality is,...