No jail for ‘illegal’ migrants, says EU court’s chief legal advisor

[webfact]

No jail for ‘illegal’ migrants, says EU court’s chief legal advisor



BRUSSELS: -- EU member states may not imprison undocumented refugees and migrants for merely entering the Schengen zone. That’s according to the European Court of Justice.

It’s chief advisor said on Tuesday that under EU rules, non-EU nationals can only be imprisoned if they’ve already been given a deportation order and have refused to go.

The court’s opinion came in the case of a woman from Ghana who was caught by French police on a coach from Belgium to London using somebody else’s passport.

The Ghanaian was detained under French law while police were arranging her re-admittance to Belgium.

The court said that breaches the EU Return Directive which says so-called illegal migrants must be invited to go home voluntarily first within a specific time-frame.

-- (c) Copyright Euronews 2016-06-08

[jaidam]

Illegal to apply the law? This mess and the agenda driving it just keeps getting more obvious daily. Can anybody explain how elevating one group of people(in this case muslims) above the rule of law is beneficial?

[piersbeckett]

Well, it's a 'point of law' rather than a law but I agree with you; why mess about, why go through a procedure which only encourages illegal entry and makes it much harder and more expensive for the authorities on behalf of the legal occupants to effect deportation where there is no legitimate right of a person to be in that country.

[daveAustin]

What a mess! The EU machine has managed to turn once certain strong individual nations into a collective bunch of pussies.

[Tatsujin]

So someone who enters a country illegally with no documentation is "breaking the law", but can't be arrested or incarcerated for it ... those countries instead have to play nice, give them a deportation order, and only if they then refuse to leave, can arrest and incarcerate them?

And you wonder why people want to leave the EU ...

[sanukjim]

Illegal to apply the law? This mess and the agenda driving it just keeps getting more obvious daily. Can anybody explain how elevating one group of people(in this case muslims) above the rule of law is beneficial?

Once again The EU dictating to The UK what they can or can not do acording to Brussels interpatation of laws and not caring about the law as it is written.....EXIE NOW

[klauskunkel]

That looks really expensive, must have cost a lot to build.... Sadly, it's a habitat for morons with the power to tell other morons what to do.

[alanrchase]

The article seems to be written to wind people up. Apparently they have ruled that migrants cannot be imprisoned but for some reason have left out the information that they can be detained.

[Jonmarleesco]

This is representative of the EU's definition of illegal, which no doubt comes with several sub-sections .

[Jonmarleesco]

The article seems to be written to wind people up. Apparently they have ruled that migrants cannot be imprisoned but for some reason have left out the information that they can be detained.

Not if you read this. And we are talking of the EU.

'The court’s opinion came in the case of a woman from Ghana who was caught by French police on a coach from Belgium to London using somebody else’s passport. The Ghanaian was detained under French law while police were arranging her re-admittance to Belgium.

The court said that breaches the EU Return Directive which says so-called illegal migrants must be invited to go home voluntarily first within a specific time-frame.'

[alanrchase]

So someone who enters a country illegally with no documentation is "breaking the law", but can't be arrested or incarcerated for it ... those countries instead have to play nice, give them a deportation order, and only if they then refuse to leave, can arrest and incarcerate them?

And you wonder why people want to leave the EU ...

They can be arrested but not imprisoned, same as Thailand and most of the world. Here you will be arrested and taken to the IDC, not prison, and be deported. Nothing special to do with the EU.

[connda]

Another reason I no longer live in the West where government officals simply ignore the law and nothing happens.

I may complain about the immigration policies, but Thailand policies are in place to protect the country's interests. I'd rather live in a country that protects it's national interests. Those of us here legally are protected by those same law. I could imagine the lawlessness if Thailand threw open it's borders and allow any and all illegal immigrates to flood the country.

Nope. I like it just that way it is. Highly nationalistic. And I hope it stays that way.

[connda]

So someone who enters a country illegally with no documentation is "breaking the law", but can't be arrested or incarcerated for it ... those countries instead have to play nice, give them a deportation order, and only if they then refuse to leave, can arrest and incarcerate them?

And you wonder why people want to leave the EU ...

It is exactly the same in the US now. It would be easier for my to bring my wife to the country illegally. Really! How immensely sad. But, I don't live there any longer and I've no plans to return.