Detained, Criminalised and Then (Perhaps) Returned: The Future of Administrative Detention in EU Law

This paper critically analyzes the legal tool of "administrative detention" of foreigners as a method of border control. It places particular emphasis on the recent reform proposal for this legal mechanism presented by the European Commission. This proposal has been scrutinized for its perceived inadequacy in fulfilling its intended objective, which is to enhance the efficiency of return procedures, as outlined by the European legislator. Furthermore, there are concerns that such legislative reform may hold the potential to compromise the fundamental essence of foreigners' right to personal liberty.