Directive 2008/115 lays down procedures for returning migrants who find themselves in an irregular situation. This legislation, better known as the Returns Directive, is possibly the most controversial one in the area of migration policy. Indeed, the Directive has been the subject of constant litigation since its entry into force and several cases, including the one discussed here, have been decided under the urgent procedure. At the time of writing there were three other references for a preliminary ruling pending before the ECJ, and Advocate General Bot and the Court had also referred to the Directive in another case.
Suggested citation: Diego Acosta, ‘The Charter, Detention and Possible Regularization of Migrants in an Irregular Situation under the Returns Directive: Mahdi‘ (2015) Common Market Law Review 52(5) 1361-1378.
