Under the EU’s Return Directive, all decisions relating to the return and removal of
persons must be issued in writing, providing reasons in fact and in law, and must
be subject to effective review or appeal.124 In addition, decisions must provide information about the availability of judicial review or appeal mechanisms. EU member
states are required to ensure that the necessary legal assistance or representation
is provided on request and free of charge, in accordance with national laws on legal
aid.125 They are also required to respect the non-refoulement principle and to postpone
removal in case this principle might be violated.126
If the returning country is a State Party to the ECHR, a trafficked person who has initiated proceedings before the ECtHR can request that the court indicate interim measures to the particular State Party.127 Interim measures are urgent measures that,
according to ECtHR case law, apply only where there is an imminent risk of irreparable harm. In the majority of cases, applicants request the suspension of an expulsion
or an extradition, including on account of the risks they face of sexual exploitation128
and family vengeance.129
124 EU Return Directive, arts. 12(1) and 13.
125 Ibid., art. 13(4).
126 Ibid., art. 9(1).
127 “Rules of Court, European Court of Human Rights”, Registry of the Court, 1 January 2014, Rule 9.
128 M. v. the United Kingdom, Application No. 16081/08, Council of Europe: European Court of Human Rights, 1
December 2009.
129 H.N. v. the Netherlands, Application No. 20651/11, Council of Europe: European Court of Human Rights, 3
October 2012.
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Part 2: Explanatory Report to the Principles
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