What are the procedures established by Member States to place a person in detention or providing an alternative to detention? This EMN study provides a comparative overview of the similarities, differences, challenges, and best practices in the use of detention and alternatives to detention, in the framework of both international protection and return procedures.

Among its key findings, the study outlines the legislative changes introduced by Member States since 2015, primarily related to the need to implement EU legislation, and to further define the scope, content and criteria for the application of detention. In addition, Member States have introduced new alternatives to detention as part of their national laws on immigration and/or asylum, such as reporting obligations, the requirement to reside at a designated place, the obligation to surrender a passport or identity document, the requirement to communicate an address, and release on bail.



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