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2020, Volume 106, Issue I

European standards within the scope of foreigners detention


Przemysław Ostojski1
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1-, Wyższa Szkoła Zarządzania i Bankowości w Poznaniu


Author for correspondence: Przemysław Ostojski; -, Wyższa Szkoła Zarządzania i Bankowości w Poznaniu; email: -

Przemysław Ostojski: -



Full text

Summary (original language)

The article refers to the standards within the scope of performing an administrative and legal measure depending on placing a foreigner in a guarded detention centre while waiting to return to the country of origin or for the application for international protection to be reviewed. The study focuses on the guarantees that result from Directive 2008/115/EC, which constitutes a basic instrument for harmonising legislation of EU Member States within the scope of detention of third country citizens. The source of  inspiration for the EU legislator has been, and still is, the case law of the European Court of Human Rights, which has resulted in significant directives of interpretation in relation to the law of European states − creating a high standard of protection of foreigners’ rights.  The guarantees concerning the detention of third country nationals, which have been put forward to date, are currently being verified mainly due to the ongoing migration crisis in the European Union and the related pressure on the pace of implementing the solutions that oblige foreigners to return. 


Key words

detention, foreigners, return policy, migration, Directive 2008/115/EC, human rights, European Court of Human Rights