Administrative Detention in the European Union – Balancing Security Requirements and Immigrants' Rights

Abstract: Understanding the balance between security and respect for human rights is essential for assessing the effectiveness and legitimacy of the detention regime. The administrative detention of immigrants in the European Union is an area at the intersection of security requirements and obligations to protect fundamental rights. The detention regime for immigrants is a coercive measure used in migration control policies. In the context of intensified migration flows and pressure on border control mechanisms, Member States are called upon to simultaneously manage the imperative of security and compliance with international and European human rights standards. The article examines the European legal framework applicable to administrative detention and how states harmonize their sovereign control prerogatives with their obligations under treaties and conventions. The conclusions emphasize that the institutions of the European Union and national institutions, through the consistent and comprehensive application of legal norms, transform the principles of migration and asylum into effective security practices, ensuring border protection, migration management, and respect for individual rights.

Keywords: Migration, Security, Control, European Migration, Asylum Pact