EU court – migrants cannot be jailed for illegally crossing border

NEWS SCAN

lawzmagazine.comThe European Court of Justice ruled  that non-EU immigrants who illegally enter the Schengen area across an internal border should not be jailed solely on that basis.

They can, however, be returned first through a time allowing for voluntary return and then through “forced removal measures.” The forced removal measures are to be conducted in the “least coercive” manner possible, and these procedures must be utilized before imprisonment.

The rights of migrant populations has emerged as one of the most significant humanitarian issue around the world, as millions seek asylum from conflict nations. In March the Court of Justice ruled that Germany may place “residence conditions” on refugees.

In February the UN High Commissioner for Refugees said that new measures put in place by many European countries are too restrictive and place undue hardships on refugees and asylum-seekers.

Also in February Amnesty International warned Austria that they are violating human rights through their daily cap on asylum applications . In January Danish lawmakers approved a controversial bill that will allow Danish authorities to seize assets from immigrants seeking asylum in order to cover their expenses.

As carried in JURIST on 09.6.16

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