The five rules of European deportation

(article published in Ouest-France, June 2008) After bitter discussions, the directive on the expulsion of undocumented migrants was finally adopted yesterday in the European Parliament in Strasbourg by a large majority (367 votes for, 206 against and 109 abstentions). A text denounced by part of the left, the Church and NGOs as not respectful of fundamental rights. But who has the merit of setting rules where until now each state did what it wanted, argue the promoters of the text.

The directive, which must be transposed within two years in the 27 Member States, sets out five principles.
• Priority to voluntary return. The undocumented person has up to 30 days to return voluntarily. Deadline which can be extended in certain circumstances (children attending school, etc.)
• No eviction without a judge. In the absence of voluntary return, it is a judge who takes the decision of expulsion, towards the country of origin, of transit or a country which accepts the undocumented. He can appeal. But without being sure to have a stay of expulsion.
• Retention. While awaiting deportation, the undocumented person can be placed in detention for a maximum of six months (18 months in certain cases). He is entitled to legal and medical assistance. NGOs will have access to these centers (which is not the case everywhere in Europe).
• Protection. Each State remains free to set more protective rules for foreigners. In France, the detention period would thus remain fixed at 32 days.
• Monitor. The directive, once transposed, will be subject to the control of the Commission, which will be able to prosecute a State which applies the text incorrectly, and of the European Court of Justice. The latter has just set up an emergency procedure to be able to respond within a few weeks to requests sent by national judges.

(NGV)