16 jun 2011 año - Law n. 2011-672: Maximum time limit of detention to 45 days.
Descripción:
Article 47: The maximum duration of an alternative compulsory residence order is 45 days. It may be renewed once. / Article 48: Control of the legality of the decision to place in detention by the single administrative judge in accordance with an expedite dispute procedure: 48 hours to challenge the decision to place in detention or the alternative decision of a compulsory residence order, 72 hours to deliver a ruling. The duration of the detention, on the prefectural decision, is 5 days, in order to allow the administrative judge (referred to within 48 hours, judgement within 72 hours) to give a ruling before the matter is referred to the judicial judge for the extension of the detention after the fifth day. The maximum duration of the detention is increased from 32 to 45 days (5 days decided by the prefect + 2 extensions of 20 days ordered by the JLD, the magistrate for custody and release). --> Takes into account the high proportion of failures to remove due to the failure to issue consular passes within the detention period (31% of reasons for failure in 2008, 34% in 2009). This duration is still the shortest in Europe, very much lower than the 6 months extendable to 18 months authorised by the "return" directive. This choice of the French authorities is based on the principle of not detaining for a period beyond which the perspective of obtaining a consular pass becomes unlikely. However, by derogation, a foreigner who is expelled or prohibited from the territory for acts of terrorism shall have his/her detention extended by the JLD by a month, renewable up to a maximum of six months. / Article 52: Maximum length for administrative immigration detention are 45 days. --> Until June 2011 the average duration of detention was between 9 and 11 days. The average duration augmented in July 2011. With the law from 16 June 2011 the maximum time of detention had been augmented from 32 to 45 days.
Average length of detention was 10 days in 2010 and in 2009.
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Administrative Detention
Research Internship
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