Glossary
The EMN Glossary – as one of the key products of the EMN - improves comparability by enabling a common understanding and use of terms and definitions relating to asylum and migration. The Glossary draws on a variety of sources, but primarily on the legislation of the EU asylum and immigration acquis, and makes terms available in the majority of EU Member State languages.
The online version is regularly updated and available in various languages.
- BG: задържане
- CZ: zajištění
- DE: Abschiebungshaft
- EE: kinnipidamine
- EN: detention
- ES: internamiento
- FI: säilöönotto
- FR: rétention
- GA: coinneáil
- GR: κράτηση (διοικητική)
- HU: őrizet
- IT: trattenimento
- LT: sulaikymas
- LV: aizturēšana
- MT: Detenzjoni
- NL: detentie; vreemdelingenbewaring (in context of return)
- NO: forvaring
- PL: detencja / zatrzymanie
- PT: detenção
- RO: custodie publică
- SE: förvar
- SK: zaistenie
- SL: omejitev gibanja / pripor
Definition
In the global migration context, non-punitive administrative measure ordered by an administrative or judicial authority(ies) in order to restrict the liberty of a person through confinement so that another procedure may be implemented.
In the EU asylum context, confinement (i.e. deprivation of liberty) of an applicant for international protection by an EU Member State within a particular place, where the applicant is deprived of their personal liberty.
In the EU asylum context, confinement (i.e. deprivation of liberty) of an applicant for international protection by an EU Member State within a particular place, where the applicant is deprived of their personal liberty.
Related
alternative to detention, detainee
Comments
1. EU provisions differentiate between different migration situations in which third-country nationals can be detained: detention of applicants for international protection, detention in order to prevent irregular entry into the territory of EU Member States and detention of irregular migrants involved in return proceedings.
2. Applicants for international protection may be detained at any stage of or throughout the asylum process, from the time an initial application is made up to the point of removal of an unsuccessful applicant for international protection. According to Art. 26 of Directive 2013/32/EU (Recast Asylum Procedures Directive) it is not acceptable to detain a person solely for the reason that they have lodged an application for international protection. To ensure the non-arbitrariness of detention and the respect of fundamental rights of applicants for international protection, Directive 2013/33/EU (Recast Reception Conditions Directive) introduced an exhaustive list of detention grounds (Art. 8) and put in place a number of procedural guarantees.The Directive also regulates the conditions in detention facilities (Art. 10).
3. In an EU return context, EU Member States may only detain or keep in a detention facility a third-country national who is the subject of return procedures in order to prepare the return and / or carry out the removal process, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. Any detention shall be for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence. See Art. 15 (1) of Directive 2008/115/EC (Return Directive).
4. For further information, see EMN: The use of detention and alternatives to detention in the context of immigration policies, 2014.
2. Applicants for international protection may be detained at any stage of or throughout the asylum process, from the time an initial application is made up to the point of removal of an unsuccessful applicant for international protection. According to Art. 26 of Directive 2013/32/EU (Recast Asylum Procedures Directive) it is not acceptable to detain a person solely for the reason that they have lodged an application for international protection. To ensure the non-arbitrariness of detention and the respect of fundamental rights of applicants for international protection, Directive 2013/33/EU (Recast Reception Conditions Directive) introduced an exhaustive list of detention grounds (Art. 8) and put in place a number of procedural guarantees.The Directive also regulates the conditions in detention facilities (Art. 10).
3. In an EU return context, EU Member States may only detain or keep in a detention facility a third-country national who is the subject of return procedures in order to prepare the return and / or carry out the removal process, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removal process. Any detention shall be for as short a period as possible and only maintained as long as removal arrangements are in progress and executed with due diligence. See Art. 15 (1) of Directive 2008/115/EC (Return Directive).
4. For further information, see EMN: The use of detention and alternatives to detention in the context of immigration policies, 2014.
- BG: контрабанда на мигранти
- CZ: pašování migrantů
- DE: Schleusung von Migranten
- EE: sisserändajate ebaseaduslik üle piiri toimetamine
- EN: smuggling of migrants
- ES: tráfico de inmigrantes
- FI: maahanmuuttajien salakuljettaminen
- FR: trafic d’êtres humains
- GA: smuigleáil imirceach
- GR: λαθρεμπόριο μεταναστών
- HU: embercsempészés
- IT: traffico di migranti
- LT: neteisėtas migrantų gabenimas
- LV: migrantu kontrabanda
- MT: Ku(n)trabandu ta’ migranti
- NL: mensensmokkel
- NO: menneskesmugling
- PL: przemyt migrantów
- PT: auxílio à imigração ilegal
- RO: contabandă cu migranţi
- SE: smuggling av migranter
- SK: prevádzačstvo migrantov
- SL: tihotapljanje migrantov
Definition
The procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the irregular entry of a person into a (UN) Member State of which the person is not a national or a permanent resident.
Comments
The UN Protocol was approved by Council Decision 2006/616/EC.
- BG: незаконен мигрант
- CZ: nelegální migrant
- DE: irregulärer Migrant
- EE: ebaseaduslik sisserändaja
- EN: irregular migrant
- ES: inmigrante en situación irregular
- FI: laittomasti maassa oleskeleva henkilö
- FR: migrant en séjour irrégulier
- GA: imirceach neamhrialta
- GR: παράνομος μετανάστης
- HU: irreguláris migráns
- IT: migrante irregolare
- LT: neteisėtas migrantas
- LV: nelikumīgs migrants
- MT: Migrant(a) irregolari
- NL: illegaal verblijvende migrant
- NO: irregulær migrant
- PL: migrant nieregularny
- PT: imigrante irregular
- RO: migrant ilegal
- SE: irreguljär migrant
- SK: nelegálny migrant / migrant bez platného povolenia na pobyt
- SL: ilegaln migrant / nezakonit priseljenec
Definition
In the global context, a person who, owing to irregular entry, breach of a condition of entry or the expiry of their legal basis for entering and residing, lacks legal status in a transit or host country.
In the EU context, a third-country national present on the territory of a Schengen State who does not fulfil, or no longer fulfils, the conditions of entry as set out in the Regulation (EU) 2016/399 (Schengen Borders Code) or other conditions for entry, stay or residence in that EU Member State.
In the EU context, a third-country national present on the territory of a Schengen State who does not fulfil, or no longer fulfils, the conditions of entry as set out in the Regulation (EU) 2016/399 (Schengen Borders Code) or other conditions for entry, stay or residence in that EU Member State.
Synonyms
clandestine migrant, illegal migrant, insufficiently documented migrant, migrant in an irregular siuation,migrant with irregular status, unauthorised migrant, undocumented migrant
Broader
migrant
Comments
1. The IOM definition covers inter alia those persons who have entered a transit or host country lawfully but have stayed for a longer period than authorised or subsequently taken up unauthorised employment.
2. The term 'irregular' is preferable to 'illegal' migrant because the latter carries a criminal connotation, entering a country in an irregular manner, or staying with an irregular status, is not a criminal offence but an infraction of administrative regulations. Apart from this, juridically and ethically, an act can be legal or illegal but a person cannot. Thus more and more the term 'migrant in an irregular situation' or 'migrant with irregular status' is preferred.
3. The European Commission has used the term 'third-country national found to be illegally present' or 'illegally resident/staying third-country national' in legislation.
4. The Council of Europe differentiates between illegal migration and irregular migrant. Referring to Resolution 1509 (2006) of the Council of Europe Parliamentary Assembly, ‘illegal’ is preferred when referring to a status or process, whereas 'irregular' is preferred.
2. The term 'irregular' is preferable to 'illegal' migrant because the latter carries a criminal connotation, entering a country in an irregular manner, or staying with an irregular status, is not a criminal offence but an infraction of administrative regulations. Apart from this, juridically and ethically, an act can be legal or illegal but a person cannot. Thus more and more the term 'migrant in an irregular situation' or 'migrant with irregular status' is preferred.
3. The European Commission has used the term 'third-country national found to be illegally present' or 'illegally resident/staying third-country national' in legislation.
4. The Council of Europe differentiates between illegal migration and irregular migrant. Referring to Resolution 1509 (2006) of the Council of Europe Parliamentary Assembly, ‘illegal’ is preferred when referring to a status or process, whereas 'irregular' is preferred.
- BG: незаконно влизане
- CZ: neoprávněný vstup na území
- DE: irreguläre Einreise
- EE: ebaseaduslik (riiki) sisenemine
- EN: irregular entry
- ES: entrada irregular
- FI: laiton maahantulo
- FR: entrée irrégulière
- GA: iontráil aimhrialta
- GR: παράνομη είσοδος
- HU: szabálytalan határátlépés
- IT: ingresso irregolare
- LT: neteisėtas atvykimas
- LV: nelikumīga ieceļošana
- MT: Dħul irregolari
- NL: illegale binnenkomst
- NO: irregulær innreise
- PL: nieregularny wjazd
- PT: entrada irregular
- SE: olaglig inresa
- SK: nelegálny vstup / neoprávnený vstup
- SL: ilegalen vstop / nedovoljen vstop
Definition
In the global context, crossing borders without complying with the necessary requirements for legal entry into the receiving State.
In the Schengen context, the entry of a third-country national into a Schengen Member State who does not satisfy Art. 5 of the Regulation (EU) 2016/399 (Schengen Borders Code).
In the Schengen context, the entry of a third-country national into a Schengen Member State who does not satisfy Art. 5 of the Regulation (EU) 2016/399 (Schengen Borders Code).
Synonyms
illegal entry
Broader
irregular migration
Comments
1. The European Commission favours nowadays the term ‘irregular entry’ (e.g. see: DG Home e-Library Glossary )
2. Art. 5 of the Regulation (EU) 2016/399 (Schengen Borders Code) states that for stays not exceeding three months per six-month period, the entry conditions for third-country nationals shall be the following:
a) they are in possession of a valid travel document or documents authorising them to cross the border;
b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (17), except where they hold a valid residence permit;
c) they justify the purpose and conditions of the intended stay, and they have sufficient means of subsistence, both for the duration of the intended stay and for the return to their country of origin or transit to a third country into which they are certain to be admitted, or are in a position to acquire such means lawfully;
d) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
e) they are not considered to be a threat to public policy, internal security, public health or the international relations of any of the EU Member States, in particular where no alert has been issued in EU Member States' national data bases for the purposes of refusing entry on the same grounds.
3. For more information, see Regulation (EU) 2016/399 (Schengen Borders Code).
2. Art. 5 of the Regulation (EU) 2016/399 (Schengen Borders Code) states that for stays not exceeding three months per six-month period, the entry conditions for third-country nationals shall be the following:
a) they are in possession of a valid travel document or documents authorising them to cross the border;
b) they are in possession of a valid visa, if required pursuant to Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (17), except where they hold a valid residence permit;
c) they justify the purpose and conditions of the intended stay, and they have sufficient means of subsistence, both for the duration of the intended stay and for the return to their country of origin or transit to a third country into which they are certain to be admitted, or are in a position to acquire such means lawfully;
d) they are not persons for whom an alert has been issued in the SIS for the purposes of refusing entry;
e) they are not considered to be a threat to public policy, internal security, public health or the international relations of any of the EU Member States, in particular where no alert has been issued in EU Member States' national data bases for the purposes of refusing entry on the same grounds.
3. For more information, see Regulation (EU) 2016/399 (Schengen Borders Code).
Source
Schengen context: Developed by EMN