Freedom and personal security of persons seeking international protection : reflections on the recast reception directive

This article analyses the provisions for detaining asylum seekers contained in Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). The instrument provides extensive and detailed regulation governing the detention of asylum seekers an issue that was regulated only marginally by Council Directive 2003/9/EC. This study assesses the new regulations for their compliance with both international human rights law and international refugee law by examining them in the context of the following issues: the principle of necessity of detention, individualised assessment of a particular case, measures alternative to detention, and the administrative character of procedural guarantees for detainees.