Enforcement of the Article 16 of the Directive 2008/115/CE Through the French Civil Courts at the Administrative Detention of Non-UE Citizen

Abstract

the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, so-called Return Directive, gives non-UE citizen certain guarantees in connection with the forced return process. In particular, as guaranteed by Article 16 the possibility of contact with national and international organizations and first to be informed in a detention center that possibility. The requirement under the french law concerns only the french organization with a monopoly of foreign assistance within the detention center. The Court of Appeal of Douai decides that the absence of information on the largest possibility of solicit other organizations is an irregularity of the proceedings makes it impossible for continued detention. The plurality of organizations ensures their independence from the French state.