Italy and the Detention of Migrants

The Court of Justice of the European Union (CJEU) ruled that Italy is in breach of EU law, and in particular the Returns Directive, by administering up to 4 years of imprisonment for third country nationals illegally staying in Italy who have received an order to leave.

Where the Returns Directive allows for the use of detention, it must always be for the purpose of enforcing a return decision. The detention period must be as short as possible, and never exceed 18 months.

The judgement can be found here.

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