For many years now, the use of administrative detention of asylum seekers and irregular migrants in Europe is increasing.

EU policy is quite well defined. Harmonised legislation in the 27 EU Member States provides for common minimum standards, which refer to: the reception of asylum seekers, the asylum procedure, the qualification of persons for refugee and subsidiary protection, and the identification of the responsible EU Member State for examining an asylum claim.

After five years of negotiations, the Parliament and the Council adopted in 2008 common standards for the return of illegally staying third-country nationals. This legislation articulates how EU Member States should detain illegally staying third-country nationals within the context of return to the country or origin.

At the level of the 46 Member States of the Council of Europe, there is no common legislation. However, the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) provides for a precious legal framework, which is enforced by the European Court of Human Rights (ECtHR).

As a consequence, law and practice vary from country to country.

Against this background, this page provides information by countries in Europe.

From now on, up-dated information will be compiled in these country folders.

For more information visit the websites (country reports) of

• Council of Europe - CPT: http://cpt.coe.int/en/
• Council of Europe - Office of the Commisioner for Human Rights: http://www.coe.int/t/commissioner/Activities/visits_en.asp

There is no common EU legislation on 'alternatives to detention.' Thus it is left to the EU Member States to decide how they can -- and whether or not they want to -- implement alternatives into their national legislation. Due to the different immigration and social welfare systems between each EU Member State, there cannot be an alternative that 'fits all.'

In June 2009, the International Detention Coalition (IDC) published a paper on Australia's experiences with alternatives to detention, in particular, the 'case management' model.  The paper contains statistics and evidence from government sources on the benefit and impact of alternatives to detention, on an immigration, welfare and cost basis.

IDC paper on alternatives to detention: the Australian experience (1.82 MB)

JRS-Europe published a paper on alternatives to detention in October 2008. The paper examines the legal basis for administrative detention in the EU, the legal basis for alternatives to detention and the different forms of alternatives that are used throughout Europe and in non-European countries.

October 2008, JRS Europe, "Alternatives to Detention" (343.92 KB)

In 2006, a coalition of NGOs published a lengthy report on alternatives to detention. Here you can find country-specific information on alternatives (although national practices may have changed since the report's publication).

2006 NGO "Survey on alternatives to detention of asylum seekers in EU Member States" (527.08 KB)

Also in 2006, UNHCR published a lengthy study on the use of alternatives to detention in countries in Europe, North America, Africa and Asia.

2006 UNHCR study on "Alternatives to detention of asylum seekers and refugees" (1.41 MB)
















This page was last updated on 09/06/2009