EU: Tracking the Pact: Member states seek to increase detention periods in the Asylum and Migration Management Regulation

In July, the Slovenian Presidency of the Council circulated a number of compromise amendments to the Asylum and Migration Management Regulation following "detailed examination of proposals and concerns expressed by Member States," including a proposal to increase the time limit for detaining people subject to transfer proceedings from four to five weeks.


The proposed amendments also introduce the possibility of detaining asylum-seekers "when protection of national security or public order so requires".

See: Draft REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on asylum and migration management and amending Council Directive (EC) 2003/109 and the proposed Regulation (EU) XXX/XXX [Asylum and Migration Fund] (Council doc. 10696/21, LIMITE, 9 July 2021, pdf)

"1. Delegations will find in Annex the Presidency compromise suggestions on the Asylum and Migration Management Regulation, covering Articles 28 to 44.

2. The suggestions for modifications of Part III of AMMR are based on detailed examination of proposals and concerns expressed by Member States. As the Presidency noted when the first group of Articles were presented, the compromise suggestions aim at making progress at the technical level, which could contribute to progress on the political issues at a later stage."

They do not change the structure of the parts of the Regulation dealt with by the document, which is as follows:

CHAPTER V - PROCEDURES

SECTION I - START OF THE PROCEDURE

SECTION II - PROCEDURES FOR TAKE CHARGE REQUESTS

SECTION III - PROCEDURES FOR TAKE BACK NOTIFICATIONS

SECTION IV - PROCEDURAL SAFEGUARDS

SECTION V - DETENTION FOR THE PURPOSES OF TRANSFER

SECTION VI - TRANSFERS

CHAPTER VI - ADMINISTRATIVE COOPERATION

CHAPTER VII - CONCILIATION

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