accelerated manner with less procedural safeguards.254 In France and Italy a special procedure for applications from detention has been set up which is different from the regular procedure and offers less guarantees.255 Requests for international protection submitted from detention facilities do normally not entitle the applicant to be released, although there are exceptions, such as, for example, in Romania, where a first application for asylum ceases the detention, except if deprivation of liberty is deemed necessary for public order and national security. Subsequent applications lead to release after a positive admissibility decision.256 254 See, for example, Czech Republic, Section 16/2 Asylum Act; Greece, Presidential Decree 90/2008, Article 17.3. 255 Article L.741-4 of the French CESEDA, aliens are entitled to apply only within 5 days from their detention and written notification of their rights. Applications have to be submitted in French and the applicant is not entitled to the service of a translator free of charge. In Italy applications from detention are considered on a priority basis and stricter deadlines apply: 7 days for the interview 2 days for decision, as compared to 30 days and 3 days in the normal procedure (see Articles 27 and 28 Legislative Decree n. 25 of 28/01/2008 as modified by Legislative Decree n. 159 3/10/2008). 256 Emergency Ordinance, Article 97(7). FRA Opinion Information on asylum should be readily available in detention facilities. EU Member States should allow NGOs and those who provide legal advice access to detention facilities and the possibility to provide counselling. Where immediate release upon submission of a request for international protection is not envisaged, the applicant should be released as soon as the claim is neither considered inadmissible nor abusive or manifestly unfounded.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents