Abstract
The detention of irregular immigrants in specialized centers to ensure their removal is a contentious precautionary measure. This article analyzes to what extent the Spanish legislation, both the Organic Law 2/2009 and the Royal Decree that regulates the detention facilities, effectively implement the Directive 2008/115/EC and the CJEU’s decisions. Particularly, three of the main objectives of the Directive 2008/115/EC, namely establishing an effective removal policy, providing a period of voluntary departure, and guaranteeing the rights of the foreigners in detention centers are studied.
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