Asylum detention in EU law : falling between two stools?

Abstract

This article critically assesses the amended European Union asylum detention framework. It traces the tension reflected in the regime between protection provision and administrative imperatives, such as migration management. The research argues that the amended legislation closely frames asylum detention. A coherent regional understanding of “alternatives to asylum detention” also emerges from the legal framework. These elements have the potential to advance protection of forced migrants at global and regional levels. However, European Union asylum law also carries within it the risk of undermining protection. The research explores in this respect the broadly phrased detention grounds and advances an interpretation on the basis of Member States’ international and regional (Council of Europe) legal obligations.