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EU Court: Periods of Detention Must Be Cumulative for Illegal Immigrants' Return

Published March 5, 2026, 17:09
EU Court: Periods of Detention Must Be Cumulative for Illegal Immigrants' Return

The Court of Justice of the European Union (CJEU) issued a ruling regarding the calculation of the maximum detention period for illegally residing third-country nationals. According to the ruling, all periods of detention imposed based on a return decision must be taken into account when calculating the limit, even if periods of freedom intervene between them. The case concerned a Moroccan national in Finland who had been detained four times for deportation. The CJEU clarified that periods of freedom do not affect the calculation of the detention time, but member states can choose not to apply the Returns Directive in cases of criminal sanctions. Furthermore, any extension of detention beyond six months must be subject to judicial review, but exceeding the limit does not automatically invalidate the detention.