| Abstract [eng] |
Summary The purpose of this master academic work is to analyse the main aspects of returning illegally staying third-country nationals from the Member States to their home or other third countries based on the Directive 2008/115/EC regulation, observe the basic detention measures set for third country nationals as a prevention of an absconding risk and the proportionality aspect of it. The main foundation of this master work was made by analysing CJEU cases at the same time combining not only judicial point of view but also doctrinal aspects. On the first part, the main focus was to crystallise the definition of what the third country national is and also selecting the main criterias stated in Shengen Borders Code when the stay in the EU of third country nationals in the Member State is illegal. On the second part, the main attention was pointed out to the essence of voluntary and forced return and the balance of it. On the third part, the main focus was dedicated to the necessity of the use of detention when there is a risk of absconding. The biggest issue considering detention as a remedy to send third country national back home is that the Member States usually do not consider other less strict or alternative measures for the same purpose, also the period of detention in almost all cases is way longer than it should be. The analysis of these aspects shown in the Directive 2008/115/EC is very important because this master work is based on current and up-to-date suggestions given by European Commision finding ways to improve current EU regulation, also the analysis of established SIS II system, the idea and necessity of restored Shengen zone checks which gave to this master work the relevance and fresh point of view of the current actions in the EU. |
