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Criminal law sanctions and the Return Directive: the position of illegally staying third-country nationals in the European Union
| Content Provider | Semantic Scholar |
|---|---|
| Author | Pahladsingh, Aniel Waasdorp, Jim |
| Copyright Year | 2017 |
| Abstract | In 2015, the number of illegally staying third-country nationals ordered to leave the European Union amounted to 533 395. With around 2.6 million asylum applications in 2015 and 2016 alone, and considering that the first instance recognition rate stands at 57% in the first three quarters of 2016, Member States may have more than 1 million people to return once their asylum applications have been processed. At the same time, the European Commission states that return rates at European Union level have not improved. While the total return rate from 2014 to 2015 increased from 41.8% to 42.5%, the rate of effective returns to third countries dropped from 36.6% to 36.4%. Moreover, if return to Western Balkans is disregarded, the European Union return rate drops further to 27%.1 This article focuses on the Return Directive2 and discusses the relation between effective returns of illegally staying third-country nationals and the power of Member States3 to lay down criminal law sanctions in national legislation such as financial sanctions or imprisonment, as well as to impose these sanctions. We note that the problem may not only relate to criminal law sanctions, but also to other (preliminary) measures entailing a deprivation of liberty, such as pre-trial |
| File Format | PDF HTM / HTML |
| DOI | 10.5553/CenR/254292482017001001003 |
| Volume Number | 1 |
| Alternate Webpage(s) | https://www.bjutijdschriften.nl/tijdschrift/CenR/2017/1/CenR_2542-9248_2017_001_001_003.pdf |
| Alternate Webpage(s) | https://doi.org/10.5553/CenR%2F254292482017001001003 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
