represents Member States, and the Council of the Europe Union.37 The European Commission drafts legislation, which the European Parliament and the European Council approve or reject. The European Commission, finally, implements approved legislation.38 EU law is comprised of regulations, directives, and decisions. Regulations have general application and they are binding directly on all the Members. Directives are not self-executing and must be implemented by each individual Member State. Importantly, there is little to no direction by the EU as to how Directives are to be implemented to achieve the goal of the Directive.39 The Court of Justice of the European Union (CJEU) is the highest court in the EU law system. It interprets and applies EU law in every Member State and ensures Member States abide by EU law.40 The European Union Migration Regime is comprised of the Return Directive (2008/115/EC) (RD), the Receptions Conditions Directive (2003/9/EC) (RCD), the RCD’s recast, the Dublin III Regulation (2013/33/EU) (Dublin Regulation), the Asylum Procedures Directive (2005/85/EC) (APD), the APD’s recast, Directive (2013/32/EU), the Schengen Borders Code, and the Trafficking Directive.41 This section will discuss the information and the analysis only on the Directives that explicitly state third-country national detention in the European Union, namely the RD, RCD, the APD and its recasts.42 The Return Directive (2008/115/EC) The RD focuses primarily on the detention of irregular migrants awaiting return and authorizes detention to facilitate the removal process. The RD states that whenever a State 37 The EU in Brief, EUROPEAN UNION, https://europa.eu/european-union/about-eu/eu-in-brief_en (last accessed Dec. 1, 2016). 38 EU law, EUROPEAN UNION, https://europa.eu/european-union/law_en (last accessed Dec. 1, 2016). 39 EU Legal Acts, EUROPEAN UNION, https://europa.eu/european-union/law/legal-acts_en (last accessed Dec. 1, 2016). 40 Court of Justice of the European Union, EUROPEAN UNION, https://europa.eu/european-union/abouteu/institutions-bodies/court-justice_en (last accessed Dec. 1, 2016). 41 Sebastian Lundby, On the European system of immigration detention, 5 OXF. MON. OF FOR. MIGR. 7 (2014). 42 Id. 14