The report primarily draws on ECRE’s Asylum Information Database (AIDA) country reports, complemented by desk research. The AIDA reports provide up-to-date information and analysis of the legal framework and practice relating to asylum procedures, reception conditions, detention and the content of international protection, and are prepared by national experts in cooperation with stakeholders including NGOs, lawyers and national authorities.

The report examines the concepts of detention, de facto detention and restrictions on freedom of movement, highlighting the need for clear distinctions between these measures and for the legal safeguards applicable to detention to be respected. It also assesses the legal grounds for detention in the context of asylum procedures, including the requirement for individual assessments of necessity and proportionality.

Particular attention is given to procedural safeguards, including the duration of detention, judicial review and access to legal assistance. ECRE recommends that detention be used only as a measure of last resort, that detention orders be subject to regular judicial review, and that asylum seekers have effective access to legal assistance to challenge detention measures. The report also stresses the importance of effective vulnerability assessments and safeguards for children and other vulnerable people.

The report further examines detention in the context of return procedures, stressing that detention should remain a measure of last resort and only be maintained where there is a reasonable prospect of removal. It highlights the need to distinguish clearly between asylum detention and other forms of immigration detention, particularly in border and transit contexts.

In its conclusions, ECRE identifies widespread use of de facto detention and shortcomings in the application of procedural safeguards across Europe. It notes that the expanded possibilities for detention under the EU Pact on Migration and Asylum may increase the need for clear legal frameworks, effective alternatives to detention and robust safeguards. The report concludes with recommendations for European countries and EU institutions on the implementation of the Pact and the protection of fundamental rights.

For further details, please read the report attached above.