detention centres7. proceedings. Such community integration schemes at their more restrictive version can involve house arrest and electronic surveillance with daily or weekly reporting requirements and/or curfews which are still better than custodial detention. Instead, in early 2014, Greek authorities have reinforced the use of detention against both irregular migrants and asylum seekers. The idea behind this latest course of action by the Greek authorities is rather straightforward: faced with the prospect of indefinite stay inside a Greek detention centre – often under deplorable conditions – irregular migrants will opt to return to their homelands. Once there, they will warn others and discourage new arrivals. The size of the migrant population will gradually shrink and Greece will have largely addressed irregular arrivals. Yet the systematic use of any detention, let alone an indefinite one, cannot live long as a policy tool to manage the irregular migrant population in Greece, because it is – to put it rather simply – in violation of existing obligations. Extending detention indefinitely in order to force migrants to co-operate on return On 24 February 2014, the Greek Legal Council published Advisory Opinion no 44/2014, in which it held that it was legal for the Greek authorities to detain irregular migrants beyond eighteen (18) months – the maximum time allowed under Greek law – and prolong their detention indefinitely, until the latter consent to return to their home countries. The Opinion had been initiated by a police query concerning the fate of 300 migrants out of a total number of 7,500 detainees, who were about to be released as their removal had not been carried out in time. According to the Council such a measure was justified by the need to prevent “a rapid increase in the number of irregular migrants in the country and its undesirable consequences in public order and safety” that the timely release of the 300 migrants as well as any future ones would “with certainty” cause. This would also serve the best interests of irregular migrants, “who are vulnerable people” and destitute, but can enjoy a dignified living inside the detention centre.6 Even though Advisory Opinions are not binding, the police authorities accepted it unconditionally and are already issuing decisions that inform detainees about this newest development. At the same time, Greece has undertaken a significant financial investment in Why is the indefinite detention of irregular migrants not legal? 1). According to EU Directive 2008/115/EC ('Returns Directive') which Greece has transposed, Member States may place in detention a migrant awaiting deportation in order to carry out his deportation or prepare his return to his home country, in limited cases and if less coercive measures are not sufficient. Given the exceptional nature of such a harsh measure, the Directive sets a maximum detention time of six (6) months. In exceptional circumstances detention may be extended for another twelve (12) months.8 Thus, the total length of time that the Greek authorities may detain an irregular migrant for the purpose of removal is eighteen (18) months 9. When asked by 7 For the 2014 calls search under “Expenses” approved by the Ministry for the Protection of the Citizen at http://static.diavgeia.gov.gr . 8 See Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, available at http://europa.eu/legislation_summaries/justice_fr eedom_security/free_movement_of_persons_asylu m_immigration/jl0014_en.htm, Article 15. 9 See Article 30-32 Law Νo. 3907/2011 and Article 6 See Greek Council of State, Advisory Opinion No 44/2014, published on 24 February 2014, pp. 22-23. 3