States follow the guiding principles for grounds of legal detention.141 In relation to the challenges
described that the EU faces, the Council’s intent for the new system is, amongst other things, to
ensure common guarantees, ensure stricter rules to combat abuses, address necessary reforms for
the RCD in order to ensure that asylum seekers can benefit from harmonized standards, and to
ensure States apply standards and plans regarding capacity challenges.142 Forming a EU-CoE
partnership for overseeing detention challenges will be tremendously beneficial for the system as
a whole. In such a partnership, the EU will gain personnel and expertise in dealing with detention
issues. A partnership will also facilitate the movement of applicants upon request, transfer of
documents among countries, the control of migration, and the expansion of overseeing, recording,
and reporting any detention violations, as the CoE has more Member States than the EU. Thus, a
partnership would cover every member from both entities.
Stronger enforcement mechanisms, in general, are needed for directives and regulations
passed by the EU and the Council of Europe. The consultation body suggested by the Council
would be the ideal establishment.143 Such a body would be responsible for overseeing activities
in different States and for recording violations, conditions, and overall statistics by individual
State reports. Reports would be filed by individual states to the Council of Europe annually. The
State authority for reporting to the Council would work in cooperation with the Council to ensure
implementation of Council of Europe regulations. Further, if a partnership would form between
141
COUNCIL OF EUROPE, ADMINISTRATIVE DETENTION, supra note 14.
Id.
143
EUR. PARL. ASS., supra note 1 (“[T]he Assembly recommends that the Committee of Ministers…instruct the
relevant expert committee within the Council of Europe to set up a consultation body to examine further the 10
guiding principles on the circumstances in which the detention of asylum seekers and irregular migrants is legally
permissible. This consultation body should be comprised of government experts, members of civil society,
representatives of UNHCR and other international organisations, the International Committee of the Red Cross,
representatives of the European Court of Human Rights, the European Committee for the Prevention of Torture and
the Office of the Council of Europe Commissioner for Human Rights and the European Commission. This
consultation body should not only examine the principles but also make recommendations on whether the
Committee of Ministers should be encouraged to prepare a recommendation, principles or rules on the issue.”)
142
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