between 1st January and 31st December 2012. Many of them return to questions that had already been taken up previously. However, this does not apply to all of them. We will therefore endeavour to bring out and illustrate the most original amongst them, those which address new issues; topics that have been raised more frequently will then be mentioned more succinctly, since their persistence is problematic in itself and the Contrôleur général has no intention of renouncing, even at the price of repeatedly raising the same question, the reporting of what it deems to be a violation or risk of violation of fundamental rights. This approach shall be applied to each category of place of deprivation of liberty. 2.1 Detention Centres for illegal immigrants and Waiting areas 2.1.1 Background details 2.1.1.1 Length of Detention As far as the detention of illegal immigrants or of asylum seekers due to be deported and periods of waiting at borders is concerned, the year 2012 was marked, as were previous years, by a series of events linked to changes in European law with regard to a subject which, since the Amsterdam Treaty 7, increasingly falls within the jurisdiction of European Union decisions – although this situation is not sufficiently noticed in France. However, laws relating to this subject are not being brought into line in an unequivocal manner: certain parts of European law, in a situation which is often denounced as “fortress Europe” providing a destination for influxes of immigrants, are unfavourable to foreigners; whereas others, conversely, are forcing changes in national legislation and practices in a direction which is more favourable to the latter. 2012 is the first full year of application of Act no. 2011-672 of 16th June 2011 concerning immigration, integration and nationality 8 one of the purposes of which is, precisely, to implement several European texts within French law: European Directive 2008/115/EC of 16th December 2008 referred to as the “return” Directive, which defines the common standards and procedures according to which, in particular, foreigners whose residence papers are not in order are to be returned to their countries of origin or to third States in relation to the EU; Directive 2009/50/EC of 25th May 2009, referred to as the “Blue Card” directive, instituting a residence permit for foreigners entering the European Union for the purposes of taking up highly qualified employment; and finally Directive 2009/52/EC of 18th June 2009, or the “sanctions” directive, concerning the sanctions applicable to employers of foreign workers whose residence papers are not in order. Thus the possibility of accompanying deportation rulings with entry bans, prohibiting foreigners from returning to French territory (for periods of up to three years, which in certain cases may be extended for two additional years), which is provided for by the Act 9, was not previously a part of French law and is “of European origin”. However the Act of 16th June 2011 also includes provisions that were not imposed by the European directives, in particular the decision adopted by the Government at the time of a 7 Treaty signed in 1997, which came into force on 1st May 1999. Journal officiel no. 0139 of 17th June. Also cf. the circular issued by the ministry of the Interior on the same day (NOR IOCK1110771C) and sent to prefects. 9 This measure is set out in the provisions of section III of article L. 511-1 of the Code for Entry and Residence of Foreigners and Right of Asylum (CESEDA / Code de l’entrée et du séjour des étrangers et du droit d’asile). 8 18