An analysis of the reception conditions (recast) directive and its transposition into Maltese law with specific focus on those articles relating to detention

Abstract

The issue of migration is as relevant as ever. With an ever-growing number of migrants seeking asylum in the European Union, it is of utmost importance that the legislative framework should be as cohesive and effective as possible in all Member States. This study aims to analyse the articles of Directive 2013/33/EU laying down standards for the reception of applicants for international protection (recast) (hereinafter the “RCD”) pertaining to detention in order to determine whether they enforce harmonisation in all relative Member States. It further aims to analyse the same Directive’s transposition into Maltese law in order to ascertain whether it has been transposed in conformity with EU law. The analysis is complemented by a qualitative study done through semi-structured interviews with a representative from the Ministry for Home Affairs, National Security and Law Enforcement, as well as a representative from aditus Foundation, a Non-Governmental Organisation specializing in migration and refugee rights. Through these interviews the researcher was able to gain knowledge on the implementation of these Maltese laws in practice, as well as gain essential insight on what can be improved upon. This research has determined that an overhaul of both the EU Directive, as well as Maltese law relating to detention, is highly necessary in order to ensure that asylum-seekers’ rights are safeguarded throughout the whole asylum procedure.