THE REVISED HANDBOOK ON RETURNS OF THE EUROPEAN COMMISSION experience gained by the Ombudsman as a national mechanism of external monitoring, as has been analysed above, can, if they are solved, have a catalytic role to play in the effectiveness of returns. This is in contrast to, for example, the increase in administrative detention, regarding which the Ombudsman in 2017 already posed the question as to whether it covers weaknesses in the administrative mechanism.34 The revised Handbook did not however constitute a surprise. From 7.3.2017, a Recommendation of the European Commission had preceded it, on the reinforcement of the effectiveness of returns35, regarding which the Ombudsman observed, already in April 201736, that it creates a new field for the expansion of administrative detention. The Recommendation foresaw the obligation of the member states to align the potential of administrative detention with the real needs, applying Article 18 of the Directive on Returns for exception based on emergency circumstances (paragraph 10.c of the Recommendation). Also, it foresaw the obligation of member states to not exclude the detention of minors when it is strictly necessary for the safeguarding of return, in cases where they are unable to implement effectively less onerous measures (paragraph 14). The Ombudsman had already mentioned that the Commissioner for Human Rights of the Council of Europe had expressed his concern for the expansion of administrative detention in Europe following this Recommendation.37 34 Special report of April 2017, see above note 18, p.61. 35 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agendamigration/20170302_commission_recommendation_on_making_returns_more_effective_en.pdf 36 see above note 18, p.77 37 http://www.coe.int/en/web/commissioner/-/europe-s-duty-to-avoid-detaining-migrants 27

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