The Pragmatism of the Court of Justice on the Detention of Irregular Migrants: Comment on Affum

• Autores: Giovanni Zaccaroni
• Localización: European papers: a journal on law and integration, ISSN-e 2499-8249, Vol. 2, Nº. 1, 2017, págs. 449-456
• Idioma: inglés
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• Resumen

  • The recent Affum decision (judgment of 7 June 2016, case C-47/15) represents a new step forward in the case law of the Court of Justice on the detention of irregular migrants. The Court, departing from its previous case law in Achughbabian and El Dridi, adopts a rather pragmatic approach, preferring to stick to a procedural argument (to forbid detention in order to ensure a fast return procedure) rather than indulging in the assessment of the compliance of the detention with fundamental rights. This new approach seems to facilitate the cooperation between the EU level and national administrations. The Court seems, however, driven more by the need to secure the effectiveness of the return procedure rather than the rights of the individuals involved.