Detention of third-country nationals in return procedures
Figure 1: Maximum length of detention set by law, EU27
Maximum length
of detention set by law
No maximum length
of detention
Maximum length of
detention set by law
only for certain categories
Source: FRA, September 2010
All other EU Member States provide for upper time
limits ranging from 32 days in France124 or 60 days
in Spain125 to 20 months in Latvia126 or two years in
Romania127 for deprivation of liberty of aliens who have
been issued an expulsion order. Figure 2 provides an
overview of existing upper time limits as stipulated by
national law in 19 EU Member States. In countries where
more than one time limit exists, the longest possible
period of detention has been selected. Countries that
124 The law of 26 November 2003 amended the rules governing the retention
centres and extended the maximum length of detention from 12 to 32
days (CESEDA, Article 552-7).
125 The upper limit of 40 days foreseen in the 2000 law has been extended to
60 days in 2009 (see Article 62.2 of Law 4/2000).
126 Article 54.4 of the Immigration Law.
127 Emergency Ordinance, Article 97.3.
32
have an upper time limit only for certain situations
of pre-removal detention have been included in the
list – this is the case of the Netherlands and Romania.
As the Figure 2 shows, the national legislation of two
countries, Latvia and Romania, have an upper time limit
beyond the maximum limit of 18 months foreseen in
the Return Directive.
About one out of three EU Member States has
established in domestic legislation two time limits
as regards the maximum length of pre-removal
detention. These include a shorter general rule and a
longer maximum time frame to be applied in specific
circumstances. In these countries, the general time limit
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