CJEU: EU Returns Directive does not allow the detention of third-country nationals without a clear legal basis that meets the requirements of proportionality, clarity, predictability and protection against arbitrariness

CJEU: EU Returns Directive does not allow the detention of third-country nationals without a clear legal basis that meets the requirements of proportionality, clarity, predictability and protection against arbitrariness

On 6 October 2022, the Court of Justice of the EU (CJEU) gave a judgment on a request by the Supreme Court of Estonia in the case of I.L. (C-241/2). The preliminary ruling concerned the interpretation of Article 15(1) of Directive 2008/115/EC (Return Directive). In...