CJEU clarifies calculation of maximum detention periods under EU Return Directive
The Court of Justice of the European Union (CJEU) has ruled on how maximum detention periods should be calculated for third-country nationals subject to return procedures. It confirmed that all periods of detention related to the same return decision must be aggregated, even if separated by periods of liberty. The Court also clarified that exceeding the initial six-month detention limit requires judicial review, which must be conducted as soon as possible after an extension decision.
The case referred to the CJEU concerned a Moroccan national who entered Finland illegally in September 2022 and was detained on four separate occasions with a view to his removal. The Finnish Supreme Court asked the CJEU to clarify how the maximum period of detention under the Return Directive should be calculated, as one of the detention periods exceeded six months when aggregated with previous detentions.
The Court ruled that all periods of detention imposed for the purpose of enforcing the same return decision must be counted together, regardless of intervals of liberty or changes in the individual’s circumstances.
It also confirmed that any decision to extend detention beyond the initial maximum period must be subject to review by a judicial authority. While this review does not have to occur before the maximum period is reached, it must take place as soon as possible after the extension decision. The Court stressed that the absence of immediate judicial review does not automatically require release, provided the substantive conditions for detention under the Directive continue to be met.
For further information, please read the press release from the Court of Justice below, or read the judgment for full details.