The Returns Directive: Possible Limits and Interpretation

Diego Acosta Arcarazo, 'The Returns Directive: Possible Limits and Interpretation', p. 7-24, in: Karin Zwaan (ed.), The Returns Directive: Central Themes, Problem Issues, and Implementation in Selected Member States, Nijmegen: Wolf Legal Publishers 2011.

18 Pages Posted: 25 Apr 2014

Date Written: April 1, 2011

Abstract

This paper analyses the Returns Directive (Directive 2008/115) and its interpretation by the Court up until 01 April 2011. It may be argued that the Returns Directive has been the most controversial immigration instrument passed by the EU. The Directive was adopted by the Parliament and the Council by using the procedure formerly known as co-decision, now the ordinary legislative procedure. Once the Directive was adopted, it received a tremendous amount of criticism from other International Organisations such as the United Nations or the Council of Europe, as well as from different NGOs such as Amnesty International or ECRE.

This paper looks at the four most important aspects of the Directive and analyses them with the case law of the CJEU up until 1 April 2011.

Keywords: Returns Directive, EU Migration Law, irregular migration, Directive 2008/115

Suggested Citation

Acosta Arcarazo, Diego, The Returns Directive: Possible Limits and Interpretation (April 1, 2011). Diego Acosta Arcarazo, 'The Returns Directive: Possible Limits and Interpretation', p. 7-24, in: Karin Zwaan (ed.), The Returns Directive: Central Themes, Problem Issues, and Implementation in Selected Member States, Nijmegen: Wolf Legal Publishers 2011. , Available at SSRN: https://ssrn.com/abstract=2427747 or http://dx.doi.org/10.2139/ssrn.2427747

Diego Acosta Arcarazo (Contact Author)

University of Bristol ( email )

Wills Memorial Building
Queens Road
Bristol, BS8 1RJ
United Kingdom
44(0) 117 331 5512 (Phone)

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