Slingenberg 397 25 August 2022, no. 36896/18 (W.O. and others v. Hungary). This change in approach was perhaps instigated by the CJEU judgment in FMS and others (CJEU 14 May 2020, ECLI:EU: C:2020:367 joined Cases C-924/19 PPU and C-925/19 PPU) in which the CJEU concluded that confinement in the Röszke transit centre amounts to detention. 7 If asylum seekers are contained in Hotspots from which they cannot leave, not even for a couple of hours during the day, the Court concludes that they are deprived of their liberty, also if this has not been qualified as such in domestic law (see e.g. ECtHR 22 October 2024, no. 1766/23 (J.B. and others v. Malta), ECtHR 16 November 2023, nos. 18911/17 18941/17 18959/17 (A.E. and others v. Italy), ECtHR 30 March 2023, no. 21329/18 (J.A. and others v. Italy). 8 Cf. Hayek who argues that ‘So long as the act that has placed me in my predicament is not aimed at making me do or not do specific things, so long as the intent of the act that harms me is not to make me serve another person’s end, its effect on my freedom is not different from that of any natural calamity – a fire or a flood that destroys my house or an accident that harms my health’ (Hayek, 2006: 93). References Allen N (2009) Restricting movement or depriving liberty? Journal of Mental Health Law 18: 19–32. Amnesty International (2021) Greece: Asylum seekers being illegally detained in new EU-funded camp. Available at: https://www.amnesty.org/en/latest/news/2021/12/greece-asylum-seekersbeing-illegally-detained-in-new-eu-funded-camp/ (accessed 13 December 2024). Amnesty International (2024) Greece: Samos: “We feel in prison on the island”: Unlawful detention and sub-standard conditions in an EU-funded refugee centre. Available at: https://www. amnesty.org/en/documents/eur25/8356/2024/en/ (accessed 13 October 2024). Anderson S (2023) Coercion. In: Zalta EN and Nodelman U (eds) The Stanford Encyclopedia of Philosophy (Spring 2023 Edition). Available at: https://plato.stanford.edu/archives/spr2023/ entries/coercion/ (accessed 13 December 2024). Ashford E, et al. (2015) A moral inconsistency argument for a basic human right to subsistence. In: Cruft R (eds) Philosophical Foundations of Human Rights. Oxford: Oxford University Press, 515–534. Asylum Information Database (2023) Country Report Greece. 2022 Update, Available at: https:// asylumineurope.org/reports/country/greece/ (accessed 27 January 2025). Asylum Information Database (2024) Country Report Greece. 2023 Update, Available at: https:// asylumineurope.org/reports/country/greece/ (accessed 27 January 2025). BalkanInsight (2022) Asylum Surveillance Systems Launched in Greece without Data Safeguards. Available at: https://balkaninsight.com/2022/09/09/asylum-surveillance-systems-launched-ingreece-without-data-safeguards/ (accessed 22 February 2023). Beckett K and Herbert S (2009) Banished: The New Social Control In Urban America, Studies in Crime and Public Policy. Oxford: Oxford University Press. Clark JW (2007) Habeas Corpus: Its Importance, History, and Possible Current Threats. Chancellor’s Honors Program Projects. Available at: https://trace.tennessee.edu/utk_ chanhonoproj/1057/ (accessed 22 February 2023). Collins DCA and Kearns RA (2001) Under curfew and under siege? Legal geographies of young people. Geoforum 32(3): 389–403. Commissioner for Human Rights (2019) Greece must urgently transfer asylum seekers from the Aegean islands and improve living conditions in reception facilities. Available at: https:// www.coe.int/en/web/commissioner/-/greece-must-urgently-transfer-asylum-seekers-from-