Alternatives to detention for asylum seekers and people in return procedures 2.3. Selected European Union law on alternatives to detention EU Law establishes specific limitations on the use of detention for asylum seekers and people in return procedures. Deprivation of liberty must remain a measure of last resort in all circumstances, while detention decisions must be based on individual assessments. Deprivation of liberty is not allowed if other, less coercive measures would be sufficient to achieve the same aim. Legislation Key text Dublin Regulation (EU) No 604/2013 Article 28 – Detention 2. When there is a significant risk of absconding, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively. Asylum Procedures Directive 2013/32/EU Article 26 – Detention 1. Member States shall not hold a person in detention for the sole reason that he or she is an applicant. The grounds for and conditions of detention and the guarantees available to detained applicants shall be in accordance with Directive 2013/33/EU. Reception Conditions Directive 2013/33/EU Article 8 – Detention 2. When it proves necessary and on the basis of an individual assessment of each case, Member States may detain an applicant, if other less coercive alternative measures cannot be applied effectively. 4. Member States shall ensure that the rules concerning alternatives to detention, such as regular reporting to the authorities, the deposit of a financial guarantee, or an obligation to stay at an assigned place, are laid down in national law. Return Directive 2008/115/EC Article 15 – Detention 1. Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when: (a) there is a risk of absconding or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. Any detention shall be for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence. Article 17 – Detention of minors and families 1. Unaccompanied minors and families with minors shall only be detained as a measure of last resort and for the shortest appropriate period of time. Return Handbook Obligation to provide for alternatives to detention: Article 15(1) must be interpreted as requiring each Member State to provide in its national legislation for alternatives to detention; this is also consistent with the terms of Recital 16 to the Directive ("..if application of less coercive measures would not be sufficient"). In El Dridi, C-61/11, para 39, the [CJEU] confirmed: "..it follows from recital 16 in the preamble to that directive and from the 14