The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning
The EU Return Directive demands that immigrant detention be as short as possible, but, by logical implication, this also means that detention can be as long as necessary. What concerns the maximum length of detention, the Return Directive is remarkably generous: Immigrants can be detained for a peri...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Cambridge University Press
2025-02-01
|
| Series: | German Law Journal |
| Subjects: | |
| Online Access: | https://www.cambridge.org/core/product/identifier/S2071832224000671/type/journal_article |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| _version_ | 1849728583473299456 |
|---|---|
| author | Bas Schotel Ingo Venzke |
| author_facet | Bas Schotel Ingo Venzke |
| author_sort | Bas Schotel |
| collection | DOAJ |
| description | The EU Return Directive demands that immigrant detention be as short as possible, but, by logical implication, this also means that detention can be as long as necessary. What concerns the maximum length of detention, the Return Directive is remarkably generous: Immigrants can be detained for a period of up to eighteen months—a deprivation of liberty that is otherwise justified only as punishment for serious crimes. The practice of such long-term detention, now burgeoning, is highly questionable for moral, practical, and—our focus—legal reasons. |
| format | Article |
| id | doaj-art-d961845144744349966b4636d2fb4fbc |
| institution | DOAJ |
| issn | 2071-8322 |
| language | English |
| publishDate | 2025-02-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj-art-d961845144744349966b4636d2fb4fbc2025-08-20T03:09:31ZengCambridge University PressGerman Law Journal2071-83222025-02-01269411310.1017/glj.2024.67The Pre-Removal Detention of Immigrants: A Return to Ordinary MeaningBas Schotel0https://orcid.org/0000-0002-9203-1001Ingo Venzke1https://orcid.org/0000-0001-5993-4869Department of Jurisprudence, Faculty of Law, University of Amsterdam, NetherlandsDepartment of International and European Law, Faculty of Law, University of Amsterdam, NetherlandsThe EU Return Directive demands that immigrant detention be as short as possible, but, by logical implication, this also means that detention can be as long as necessary. What concerns the maximum length of detention, the Return Directive is remarkably generous: Immigrants can be detained for a period of up to eighteen months—a deprivation of liberty that is otherwise justified only as punishment for serious crimes. The practice of such long-term detention, now burgeoning, is highly questionable for moral, practical, and—our focus—legal reasons.https://www.cambridge.org/core/product/identifier/S2071832224000671/type/journal_articlePre-removal detentionEU Return DirectiveEuropean Convention of Human RightsEuropean Court of Human Rightsmethods of treaty interpretationVienna Convention of the Law of Treatiesordinary meaningsemantic changeliving-instrument doctrine |
| spellingShingle | Bas Schotel Ingo Venzke The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning German Law Journal Pre-removal detention EU Return Directive European Convention of Human Rights European Court of Human Rights methods of treaty interpretation Vienna Convention of the Law of Treaties ordinary meaning semantic change living-instrument doctrine |
| title | The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning |
| title_full | The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning |
| title_fullStr | The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning |
| title_full_unstemmed | The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning |
| title_short | The Pre-Removal Detention of Immigrants: A Return to Ordinary Meaning |
| title_sort | pre removal detention of immigrants a return to ordinary meaning |
| topic | Pre-removal detention EU Return Directive European Convention of Human Rights European Court of Human Rights methods of treaty interpretation Vienna Convention of the Law of Treaties ordinary meaning semantic change living-instrument doctrine |
| url | https://www.cambridge.org/core/product/identifier/S2071832224000671/type/journal_article |
| work_keys_str_mv | AT basschotel thepreremovaldetentionofimmigrantsareturntoordinarymeaning AT ingovenzke thepreremovaldetentionofimmigrantsareturntoordinarymeaning AT basschotel preremovaldetentionofimmigrantsareturntoordinarymeaning AT ingovenzke preremovaldetentionofimmigrantsareturntoordinarymeaning |