EU Return Directive: a cause for shame or an unexpectedly protective framework?

A 2008 directive underpins the EU’s return policy. The Return Directive was initially criticised as the ‘directive of shame’, with particular reference to provisions allowing pre-return administrative detention of up to 18 months. Nevertheless, it gradually became apparent that the directive provided a rather protective framework for returnees. In her contribution to this Handbook, Madalina Moraru illustrates this to be the case specifically for the prioritisation of voluntary departure, the overall limitation of pre-removal detention, and the procedural guarantees the directive inscribes. This protective framework was further fleshed out by the case-law of national courts and the CJEU