CJUE reminds that no undocumented migrants should be detained under the Return directive - 28 April 2011

The Court of Justice of the European Union (CJEU) decided, on April 28th 2011, that prison term does not respect the 2008 “Return” European directive when irregular stay is the only motive.

This decision is certainly a way to counter criminalizing policies towards immigrants but must not lead to consider the “Return” directive as a positive and useful tool of the EU migration policy.

Download the legal comment of the AEDH (only available in French) and the press release from the CJEU. Click here to read the ruling in its totality. 

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