two months,161 almost half of the Member States have not
introduced timelines for automatic reviews of detention.
Even if national law in these countries establishes a duty
by the administration to confirm ex officio the continuing
existence of grounds for detention throughout the
entire period,162 this guarantee cannot be considered as
effective as automatic periodic reviews in ensuring that
detention is kept as short as possible.
Where countries provide for specific deadlines to review
the detention and order an extension, the courts shall
be given the flexibility to define the future period of
detention according to the circumstances of the specific
case. A situation, such as the one currently existing in
Italy, where after the initial 60 days, the deprivation of
liberty is either terminated or extended for 90 days (and
subsequently for further 90 days) does not facilitate that
detention is maintained for as short as possible a period.163
FRA Opinion
Automatic periodic judicial reviews are an important
safeguard to ensure that detention is kept as short as
possible. Reviews should be carried out by a court at
regular intervals, preferably not less than once a month.
161 In addition to France, this includes, Ireland Portugal and Spain (see
Chapter 3.1).
162 See, for example, Czech Republic, Article 126 FORA. See also Slovak
Aliens Act, Article 63(e) and Germany, General Administrative Regulations
to the Residence Act [Allgemeine Verwaltungsvorschrift zum
Aufenthaltsgesetz], 26 October 2009, at 62.3.0.1 and 62.3.3.
163 Italy, LD 286/98 at Article 14.
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