FantasticSearch

1. Detention may be imposed only as a measure of last resort if it proves necessary on the basis of an individual assessment of each case and if other less coercive measures cannot be applied effectively.

2. Persons as referred to in Article 4(1) of this Regulation who were detained during the asylum border procedure, who no longer have a right to remain and who are not allowed to remain may continue to be detained for the purpose of preventing their entry into the territory of the Member State concerned, of preparing their return or of carrying out the removal process.

3. Persons as referred to in Article 4(1) of this Regulation who were not detained during the asylum border procedure, who no longer have a right to remain and who are not allowed to remain may be detained if there is a risk of absconding within the meaning of Directive 2008/115/EC, if they avoid or hamper the preparation of return or the removal process or if they pose a risk to public policy, public security or national security.

4. Detention shall be maintained for as short a period as possible, and for only as long as a reasonable prospect of removal exists, and while arrangements therefor are in progress and are executed with due diligence. The period of detention shall not exceed the period referred to in Article 4(2) of this Regulation and, where a consecutive detention is issued immediately following a period of detention as provided for under this Article, that period of detention shall be included in calculating the maximum periods of detention set out in Article 15(5) and (6) of Directive 2008/115/EC.

5. By 12 December 2024, the European Union Agency for Asylum established by Regulation (EU) 2021/2303 of the European Parliament and of the Council shall, in accordance with Article 13(2) of that Regulation, develop guidelines on various practices alternative to detention, that could be used in the context of a border procedure.