Information request (ad-hoc query)* on the detention of migrants from outside the EU/EFTA** and the application of the Returns Directive, the Reception Conditions Directive and the Dublin Regulation in EU Member States and EMN Observer Countries.
EMN NL information request | Return, asylum
Information request: ‘Detention of third country nationals under the Returns Directive, the Reception Conditions Directive and the Dublin Regulation’
10 December 2024
Study period – June–July 2024
Participating EU Member States – Belgium (BE), Bulgaria (BG), Germany (DE), Estonia (EE), Finland (FI), France (FR), Hungary (HU), Italy (IT), Croatia (HR), Latvia (LV), Lithuania (LT), Luxembourg (LU), Malta (MT), the Netherlands (NL), Austria (AT), Poland (PL), Portugal (PT), Slovakia (SK), Slovenia (SI), Spain (ES), Czechia (CZ), Sweden (SE)
Participating Observer Country – Serbia (RS)
Background and scope
The Netherlands has submitted a legal question to the Court of Justice of the European Union regarding the manner in which the Netherlands applies certain articles of EU directives. These concern three articles relating to the detention of migrants from non-EU/EFTA countries (third countries):
- Article 15 of the Returns Directive (2008/115/EU);
- Article 8 of the Reception Conditions Directive (2013/33/EU);
- Article 28 of the Dublin Regulation (EU 604/2013).
At the request of the Dutch government, EMN Netherlands issued an information request to map how other EU Member States and EMN Observer Countries apply these articles.
EMN publication
EMN compilation, full responses EU Member States: ‘Detention of third country nationals under the Returns Directive, the Reception Conditions Directive and the Dublin Regulation’, November 2024
EMN Netherlands publications
- Summary of responses: ‘Detention of third country nationals under the Returns Directive, the Reception Conditions Directive and the Dublin Regulation’, December 2024
- News item: 'Detention of migrants from outside the EU/EFTA: how do countries apply EU directives?', 10 December 2024
*An information request (ad-hoc query/AHQ) is an EMN instrument used to collect information on migration and asylum policy in EU Member States and EMN Observer Countries.
**EFTA: European Free Trade Association, mainly known by the English abbreviation EFTA. Countries: Norway, Iceland, Liechtenstein, Switzerland.
