Background information:

In Estonia, the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or a third-country national who is subject to return is currently being evaluated. For the moment, in Estonia, it is possible to detain a third-country national without judicial authorisation for 48 hours. But an extension of this time limit is under consideration as, according to the Estonian authorities, it would reduce the burden on the court system.

In this context, the Estonian Ministry of Interior would like to know how long an applicant for international protection or an irregularly staying third-country national can be administratively detained in other EMN Member Countries (EU Member States, without Denmark).

Respondents:

22 EMN Member Countries (including BE) provided a public answer to this ad hoc query.

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

• Some countries have a system very similar to EE's. In these countries, a judicial review is provided for shortly after detention: from 48h (e.g. IT, LT, PL) to 72h (e.g. ES, HU) or up to 96h (e.g. FI). In these cases, the judicial review takes place automatically and the foreigner does not have to appeal the detention measure. 
• Other countries provide from the outset for the possibility of longer administrative detention while allowing the person concerned to lodge an appeal against this measure within a certain period. In SK, detention is provided for up to 6 months, extendable to 12 or 18 months, during which time the person concerned may lodge an action for judicial review. BE belongs to the same group since detention can be extended for up to 8 months and it is up to the third-country national to lodge an appeal to review the legality of the detention.
• Finally few countries adopt a mixed system. In NL, an administrative authority can detain a third-country national for 49 days without judicial review. The third-country national can have the detention order reviewed by the court. If the applicant does not request this judicial review himself, the Minister of Asylum and Migration will notify the court no later than 28 days after the detention order has been issued and the court will then set a date for the hearing.

For further details, please read the compilation of answers attached above.