FORGOTTEN Administratively detained irregular migrants and asylum seekers c. Detention on public order grounds i. Legal Framework According to Article 30 of Law 3907/2011third-country nationals subjected to return procedures, in accordance with par. 1 of Article 21, are detained for the preparation of return and the removal process only if, in this specific case, there are not other adequate and less restrictive measures that can effectively be implemented, such as those provided in par. 3 of Article 22. The measure of detention is applied when: a) there is a risk of absconding or b) the third-country national avoids or hampers the preparation of return or the removal process or c) there are reasons of national security. According to the “Return Handbook”: “No detention for public order reasons: The possibility of maintaining or extending detention for public order reasons is not covered by the text of the Directive and Member States are not allowed to use immigration detention for the purposes of removal as a form of “light imprisonment”. The primary purpose of detention for the purposes of removal is to assure that returnees do not undermine the execution of the obligation to return by absconding. It is not the purpose of Article 15 to protect society from persons who constitute a threat to public policy or security. The –legitimate– aim to “protect society” should rather be addressed by other pieces of legislation, in particular criminal law, criminal administrative law and legislation covering the ending of legal stay for public order reasons. See also ECJ in Kadzoev, C-357/09, par. 70: “The possibility of detaining a person on grounds of public order and public safety cannot be based on Directive 2008/115. None of the circumstances mentioned by the referring court (aggressive conduct; no means of support; no accommodation) can therefore constitute in itself a ground for detention under the provisions of that directive.” The past behaviour/conduct of a person posing a risk to public order and safety (e.g. non-compliance with administrative law in other fields than migration law or infringements of criminal law) may, however, be taken into account when assessing whether there is a risk of absconding (see section 1.6. above): If the past behaviour/conduct of the person concerned allows drawing the conclusion that the person will probably not act in compliance with the law and avoid return, this may justify a prognosis that there is a risk of absconding”. 25 25 Return Handbook, available at: http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/ european-agenda-migration/proposal-implementation-package/docs/return_handbook_en.pdf , page 79. 45