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Detention and alternatives to detention , , Study by EMN Germany for the European Migration Network
Source: BAMF (cover image: CrazyCloud - stock.adobe.com / Icons: Tettygreen - stock.adobe.com)
The study of the European Migration Network (EMN) addresses the application of detention and its alternatives in Germany. It provides an overview of the current legal framework and its implementation in the German Länder.
Political and legal framework
The first part of the study provides a detailed overview of the political and legal framework of detention and its alternatives. It is explained under which circumstances detention can be used in Germany as a so-called ultima ratio instead of its alternatives to secure a return. Furthermore, the alternatives to detention, for example surveillance and/or restriction of a person's freedom of movement, are examined. A special focus is put on new legislative developments regarding detention within the past five years.
Organisation and procedural structure
In the second part of the study the legal means available to the foreigner authorities to secure a deportation, i.e. detention and its alternatives is explained.
Decision-making practices
In the third part of the study the practical application of detention and its alternatives is examined. The underlying two-step procedure, consisting of the examination and application for detention by the administrative authority and the examination and decision by the competent court, is explained. In addition, legal remedies and counselling options for the persons concerned are considered.
Effectiveness of detention pending deportation and its alternatives
In the last part of the study, the use of detention and its alternatives are assessed comparatively in the different Länder. The data only allows for limited final conclusions, but provides insight into the different approaches.
This study is the German contribution to the EMN study "Detention and Alternatives to Detention in International Protection and Return Procedures". It was conducted in all participating EU Member States and Norway according to common guidelines.
The results of the national study were incorporated into a comparative synthesis report that provides a pan-European overview. A summary of the findings on EU level may also be found in the EMN Inform and the EMN Flash (see "further information").
The study was written by: Friederike Haberstroh