Journal article
Publication details
The Pragmatism of the Court of Justice on the Detention of Irregular Migrants: Comment on Affum (English)
in journal: European Papers: A Journal on Law and Integration (English)
The Pragmatism of the Court of Justice on the Detention of Irregular Migrants: Comment on Affum ( English title )
in journal: European Papers: A Journal on Law and Integration ( English title )
Volume number:
Issue number:
Release year: 2017
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Author(s) details
Publication description
Content available online here:
http://www.europeanpapers.eu/en/authors/giovanni-zaccaroni
http://www.europeanpapers.eu/en/authors/giovanni-zaccaroni
Keywords:
Detention, irregular migrants, fundamental rights, migration, returns, EU
Detention, irregular migrants, fundamental rights, migration, returns, EU
Abstract:
The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick to a procedural argument (to forbid detention in order to ensure a fast return procedure) rather than indulging in the assessment of the compliance of the detention with fundamental rights. This new approach seems to facilitate the cooperation between the EU level and national administrations. The Court seems, however, driven more by the need to secure the effectiveness of the return procedure rather than the rights of the individuals involved.
The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick to a procedural argument (to forbid detention in order to ensure a fast return procedure) rather than indulging in the assessment of the compliance of the detention with fundamental rights. This new approach seems to facilitate the cooperation between the EU level and national administrations. The Court seems, however, driven more by the need to secure the effectiveness of the return procedure rather than the rights of the individuals involved.