mar 28, 2014 - COM (2014) 199: EU Return Policy
Description:
"It is to be noted that there has also been a consistent movement towards a wider implementation of alternatives to detention across the Member States examined. A large number of Member States now provide for alternatives to detention in their national legislation. Research has shown that alternatives to detention can have several benefits compared to detention and can also, under certain conditions, lead to significant cost savings. In practice, however, several Member States only apply alternatives to detention in rare cases. The main alternatives applied in practice seem to be requiring ‘regular reporting to authorities’ and an ‘order to take up accommodation in premises specified by the authorities’. The ‘obligation to surrender passports and documents’ is also among the most frequently applied alternatives to detention." / Legal Applications in France: Residence restrictions, Regular reporting to authorities, Obligation to surrender documents and electronic monitoring.
No legal Application in France: Deposit of financial guarantee.
Practical Application in France: Obligation to surrender documents.
No practical Application in France: Regular reporting to authorities and deposit of financial guarantee (anyways not required). / In most Member States, there is a lack of public support structures for irregular migrants who are released from detention because no reasonable prospect of removal exists. In the absence of a concrete legal obligation on Member States to provide for material subsistence to this group of people, they find themselves in a ‘legal limbo’ situation, left to rely on the private or voluntary sectors, or potentially being forced to resort to non-authorised employment for subsistence. A few Member States are currently setting a good example, providing a monthly allowance and helping these people to find accommodation.
Designated non-secure housing and supervised release and/or reporting exist in France in Law, but designated non-secure housing exists only infrequently in practice, whereas supervised release and/or reporting does not exist in practice at all (2014).
Release on bail does exist neither in Law nor in Practice (2014).
Added to timeline:
Administrative Detention
Research Internship
Date:
