3. Maximum length of detention Figure 2: Maximum length of detention, by country (month)* 30 24 25 20 18 15 2 2 6 ng ary 2 6 lic 1 1.5 in 5 s 10 4 6 8 6 10 12 12 18 20 12 nia ma Ro Lat via y ce ee Gr an rm en ia Ge Slo v nd Po la Au str ia Bu lga ria lgi um Be lic ub Re p * It aly ak *S lov Hu ep ub nd *P ort ug al Lu xem bo *C urg zec hR ela * Ir *S pa nd rla the Ne *F ran ce 0 Note: * Lengths of detention expressed in days or weeks in national legislation are provided in months in the graph. Source: FRA, September 2010 ranges from 60 days to six months128 and the upper limit from six to 18 months.129 In three of these countries, the only justification to resort to the upper time limit lies in the conduct of the person concerned.130 In two other countries, in addition to reasons which lie in the sphere of the migrant, it is also possible to apply the upper limit in case of delays by the authorities of the country of return in preparing the necessary documents.131 Finally, in three countries, requirements of public order or national security are referred to.132 128 In Austria, there are in fact three time limits. Normally, the upper time limit is two months (Section 80.2 Aliens Police Act) which can however be extended to 6 months (cumulative in a two years period) in a variety of cases, Section 80 (3) Aliens Police Act. In Belgium, there is a time limit of two months which can be prolonged for further two months and subsequently for another month in under certain circumstances and up to eight months for public order or national security reasons, Law on Foreigners, Article 7.11. See also Bulgaria up to six months (Law on Foreigners, Article 44, paragraph 8, sentence 2 as amended on 15.05.2009); Germany, up to six months Residence Act at Section 62(3); Greece up to six months, TCN Act at 76.3; Italy 30 days which can be prolonged for further 30 days; Art. 14 of LD 286/98; Poland up to 90 days, Act on Aliens at 106.1; and Slovenia up to six months, Aliens Act at Section 56.1. 129 Austria 10 months (cumulative in a two years period), Sec 80 (4) Aliens Police Act; Belgium 8 months, Law on Foreigners, Article 7.11; Bulgaria 18 months, Law on Foreigners, Article 44, paragraph 8, sentence 2 (as amended on 15.05.2009); Germany 18 months, Residence Act at Section 62(3); Greece 18 months, TCN Act at 76.3; Italy the period of 30 + 30 days can be extended twice for additional 60 days each time, which leads to a total of approximately six months, Article 14.5 of LD 286/98 (as revised in 2009); Poland 12 months, Act on Aliens at 106.2; and Slovenia 12 months, Aliens Act at Section 58.4. 130 In Austria (as regards the extension up to 10 months, Aliens Police Act at 80.4), Germany (Residence Act Section 62.3) and Poland (Act on Aliens at 106.2), the extension of the pre-removal detention is only possible if the alien frustrated the removal. 131 Greece, TCN Act at Article 76.3; Italy Art. 14.5 LD 286/98 (as revised in 2009). 132 Belgium, Law on Foreigners at 7.11, last sentence. In Slovenia, Section 58.4 of the Aliens Act allows the police to extend detention for a further six Figure 3 provides an overview of EU Member States with two or more upper time limits in terms of the maximum length of pre-removal detention. It does not include countries, such as the Netherlands or Romania, where different upper time limits are foreseen for different groups. Nor does it include those countries, such as Luxembourg or Latvia where detention is ordered for one or two months at a time up to the maximum limit allowed under national law. Four countries have changed their domestic legal provisions on the maximum length of detention after the adoption of the Return Directive. As illustrated in Figure 4, in three EU Member States the allowed length of detention was increased,133 whereas in one EU Member State, Bulgaria, no time limit existed before the transposition of the Return Directive and the upper time limit allowed by the directive was introduced.134 An upper time limit of detention would not be meaningful if the authorities could circumvent it by re-detaining the person immediately or soon after his or her release.135 In one country, safeguards have been introduced in national months if it is realistic to expect that it will be possible to deport the alien within this time and, in particular, if the procedure for determining identity or the acquisition of documents for the deportation of the alien are still in progress, or if the extension is necessary for security reasons. See also Bulgaria, Law on Foreigners at 44.8. 133 See Greece, TCN act at Article 76.3; Article 62.2 Law 4/2000 as amended by Law 2/2009; Italy, Art. 14.5 LD 286/98 (as revised in 2009). 134 Law on Foreigners, Art. 44, paragraph 8, sentence 2 (as amended on 15.05.2009). 135 See ECtHR, John v. Greece, No. 199/05, 10 May 2007, paragraph 33, where the Court found a circumvention of a domestic law provision on maximum length of detention with a view to expulsion by re-detaining person 10 minutes after release. 33