Characteristics or information, usually numerical, that are collected through observation.
Characteristics or information, usually numerical, that are collected through observation.
Data retention refers to all obligations on the part of controllers to retain personal data for certain purposes.
In the EU context "data retention" usually refers to the retention of the communication traffic data. According to the Directive 2002/58/EC Member States may adopt legislative measures providing for the retention of data for a limited period justified to safeguard national security, defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system.
A logical collection of information that is interrelated and that is managed and stored as a unit, for example in the same computer file. The terms database and data set are often used interchangeably.
A concept under which individuals (or vital events) are recorded (or are attributed) to the geographical area where they were present (or occurred) at a specified time.
Related Term: de jure population
This term is little used.
Person not recognised as a refugee(within the meaning of Art. 1A of the Geneva Convention of 1951and Protocol of 1967) and who is unable or, for reasons recognised as valid, unwilling to return to their country of originor country of nationalityor, if they have no nationality, to the country of their habitual residence.
Broader Term: refugee
Related Term: displaced person, humanitarian protection, person eligible for subsidiary protection
1. This term is not defined in legal terms in the Member States.
2. In DE, this refers to a person who has not applied for asylum or whose asylum application has been rejected, but whose removal has been suspended due to concrete danger of life, body or freedom. For example, a person’s stay will be tolerated in DE on grounds of humanitarian law.
A concept under which individuals (or vital events) are recorded (or are attributed) to a geographical area on the basis of the place of residence.
Related Term: de facto population
This term is little used.
Please see entry for case worker in procedures for international protection
It refers to the removal of criminal status from a certain behaviour or action. This does not mean that the behaviour is legal, as non-criminal penalties may still be applied. With respect to the drug debate, this concept is usually used to describe laws addressing personal possession or use rather than drug supply.
Refers to introducing the possibility or policy of closing a criminal case without proceeding towards punishment, for example as the case is considered ‘minor’ or prosecution is ‘not in the public interest’.
Source:Developed by EMN
Please see entry for removal
The act of a state in the exercise of its sovereignty in removing an alienfrom its territory to a certain place after refusal of admission or termination of permission to remain.
Broader Term: compulsory return
Related Term: expulsion
In IE, DE, UK, 'deportation' is defined in legislation, whilst in ES, NL, PT it is not used as a legal term and is applicable only as a general concept by the public, sometimes with a negative connotation. Because of this variation, ‘removal’ is the preferred term to use.
Please see entry for removal order
Source: Developed by EMN
A person in detention.
The process of identifying a possible situation of trafficking in human beings.
Broader Term: trafficking in human beings
Source: Derived by EMN from Varandas, I. & J. Martins: Signalling Identification Integration of Victims of Trafficking for Sexual Exploitation: Construction of a Guide, 2007
In the global migration context, non-punitive administrative measure ordered by an administrative or judicial authority(ies) in order to restrict the liberty of a person through confinement so that another procedure may be implemented.
In the EU asylum context, confinement (i.e. deprivation of liberty) of an applicant for international protectionby a Member State within a particular place, where the applicant is deprived of their personal liberty.
Narrower Term: detention facility
Related Term: alternative to detention, detainee
1. EU provisions differentiate between different migration situations in which third-country nationalscan be detained: detention of applicants for international protection, detention in order to prevent irregular entryinto the territory of Member States and detention of irregular migrantsinvolved in returnproceedings.
2. Applicants for international protection may be detained at any stage of or throughout the asylum process, from the time an initial application is made up to the point of removal of an unsuccessful applicant for international protection. According to Art. 26 of Directive 2013/32/EU (Recast Asylum Procedure Directive) it is not acceptable to detain a person solely for the reason that they have lodged an application for international protection. To ensure the non-arbitrariness of detention and the respect of fundamental rights of applicants for international protection, Directive 2013/33/EU introduced an exhaustive list of detention grounds (Art. 8) and put in place a number of procedural guarantees.The Directive also regulates the conditions in detention facilities (Art. 10).
3. In an EU return context, Member States may only detain or keep in a detention facilitya third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removalprocess, in particular when: (a) there is a risk of absconding; or (b) the third-country national concerned avoids or hampers the preparation of return or the removalprocess. Any detention shall be for as short a period as possible and only maintained as long as removalarrangements are in progress and executed with due diligence. See Art. 15 (1) of Directive 2008/115/EC (Return Directive).
4. For further information, see EMN: The use of detention and alternatives to detention in the context of immigration policies, 2014.
Source: Global context: Derived by EMN from the definition of 'detention' in UNESCO's 'People on the Move' Handbook
EU context: Art. 2(h) of Directive 2013/33/EU (Recast Reception Conditions Directive) and
Art. 26 of Directive 2013/32/EU (Recast Asylum Procedures Directive)
Restriction on freedom of movement through confinement. It can either be criminal detention, having as a purpose punishment for a crime, or administrative detention, guaranteeing that another administrative procedure can be implemented.
Please see entry for detention facility
In the global context, a specialised facility used for the detentionof third-country nationals in accordance with national law.
In the EU return context, a specialised facility to keep in detentiona third-country nationalwho is the subject of return procedures in order to prepare the return and/or carry out the removalprocess, in particular when:
Synonym(s): detention centre
Broader Term: detention
Where a Member State cannot provide accommodation in a specialised detention facility and is obliged to resort to prison accommodation, the third-country nationals in detention shall be kept separated from ordinary prisoners.
Please see entry for 5+5 Dialogue on Migration in the Western Mediterranean
An inter-regional intergovernmental consultative forum of migration officials in countries of origin, transitand destinationalong the migration routes in Africa, Europe and the Middle East with a focus on irregular and mixed migration, as well as on migration and development in the Mediterranean region and beyond, aiming to build common understandings and to jointly develop evidence-based comprehensive and sustainable migration management systems.
Related Term: Africa-EU Migration, Mobility and Employment Partnership, 5+5 Dialogue on Migration in the Western Mediterranean, Global Approach to Migration and Mobility, Global Forum on Migration and Development
1. The MTM Dialogue started in 2002 and involves numerous partcipants from Arab (APS) and European partner states (EPS) as well as seven international organisations.The International Centre for Migration Policy Development (ICMPD) serves as its secretariat. Initially focusing on transit migration, the MTM extended its scope over the years to cover various aspects of migration management in the Mediterranean region and beyond.
2. The Dialogue on Mediterranean Transit Migration is built on two pillars. The first one focuses on enhancing operational cooperation to combat irregular migration or, in other terms, on shorter-term measures to address irregular flows. The second pillar deals with a longer-term perspective by focusing on addressing the root causes of irregular flows through development cooperation and a better joint management of migration. These pillars are used as frameworks for the implementation of specific projects but cross-pillar projects are also put in place.
A trans-Mediterranean forum set up as a security initiative to secure closer cooperation between five EU Member States and five Arab Maghreb countries through political dialogue and economic cooperation, and by encouraging more efficient management of resources as a means of enhancing regional interdependence and development.
Synonym(s): 5+5 Dialogue, Western Mediterranean Forum
Broader Term: Dialogue on Mediterranean Transit Migration, Euro-African Dialogue on Migration and Development , Global Approach to Migration and Mobility
1. The Western Mediterranean Forum, commonly referred to as the 5+5 Dialogue, was officially launched in Rome in 1990.
2. The forum involves ten partners (Algeria, Libya, Mauritania, Morocco, Tunisia, France, Italy, Malta, Portugal and Spain) and is facilitated by the IOM. Its areas of activity are information exchange, joint management of international borders, agreed forms of labour migration, migration for development, and protection of the rights of migrants in the Western Mediterranean region.
3. For more information see the website of the 5+5 Dialogue
Source:Website of the 5+5 Dialogue
Individuals and members of networks, associations and communities, who have left their country of origin, but maintain links with their homelands.
Related Term: circular migration
1. This concept covers more settled expatriate communities, migrant workers based abroad temporarily, expatriates with the nationality of the host country, dual nationals and second-/third-generation migrants.
2. It is a general term, with no legal definition, which can also cover Member State nationals (and immigrants) who feel strong connections to their origins.
Individuals and members or networks, associations and communities, who have left their country of origin, but maintain links with their homelands.
A situation in which one person is treated less favourably than another is, has been or would be treated in a comparable situation on grounds of racial or ethnic origin.
Related Term: principle of equal treatment
EU funding managed directly by the European Commission, such as in the fields of migration, asylum and borders.
In the EU context, a third-country nationalor stateless personwho has had to leave their country or region of origin, or has been evacuated, particularly in response to an appeal by international organisations, and is unable to return in safe and durable conditions because of the situation prevailing in that country, who may fall within the scope of Art. 1A of the Geneva Conventionor other international or national instruments giving international protection, in particular:
Non-EU nationals or stateless persons who have had to leave their country or region of origin or have been evacuated, in particular in response to an appeal by international organisations, and are unable to return in safe and durable conditions because of the situation prevailing in that country, who may fall within the scope of Article 1A of the Geneva Convention or other international or national instruments giving international protection, in particular:
Data in passive use. Access to such data is restricted.
Contains data that is in passive use and to which access is more restricted than to data in active use.
These are supervised drug consumption facilities, where illicit drugs can be used under the supervision of trained staff. These have been operating in Europe for the last three decades. These facilities primarily aim to reduce the acute risks of disease transmission through unhygienic injecting, prevent drug-related overdose deaths and connect high-risk drug users with addiction treatment and other health and social services.
This term covers the policies and programmes which seek a reduction of the desire and preparedness to obtain and use illegal drugs. Demand for drugs may be reduced through prevention and education programmes, harm and risk reduction measures and treatment.
Refers to making an act lawful when previously it was prohibited. In the context of drugs, this usually refers to the removal of all criminal and non-criminal sanctions, although other regulations may limit the extent of the permission. This term is generally used in the context of drug supply.
Drug precursors are chemicals that are primarily used for the legitimate production of a wide range of products, like pharmaceuticals, perfumes, plastics, cosmetics etc. However, they can also be misused for the illicit manufacture of drugs such as methamphetamines, heroin or cocaine. Taking into account the wide range of legitimate uses of drug precursors, their trade cannot be prohibited. Since the early nineties specific regulatory frameworks, both at international and at EU level, have been put in place to ensure that diversion of drug precursors is prevented through control of their legitimate trade at EU borders and in the internal market. The legislation aims to strike a balance between the necessary control to prevent diversion of drug precursors and allowing their legitimate trade without creating unnecessary administrative burdens.
This term covers the range of measures and legal instruments to reduce the supply of illicit drugs. This includes the reduction of drug cultivation, production and trafficking of illicit drugs, the prevention of chemical precursors' diversion, drugs-related crime and the associated money laundering.
Convention determining the Member State responsible for examining an application for asylum lodged in one of the Member States of the European Union.
Related Term: Dublin procedure, Dublin Regulation, Dublin transfer, Eurodac, transfer order
1. The Dublin Convention was signed in Dublin, Ireland on 15 June 1990, and first came into force on 1 September 1997 for the first 12 signatories. The Treaty has been extended to other Member States and some countries outside the Union.
2. The Dublin Convention was replaced by Council Regulation No 343/2003 (Dublin II regulation). Its validity ended on 16 March 2003.
Convention determining the EU State responsible for examining applications for asylum lodged in one of the EU States.
The process of determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national under Regulation (EU) No 604/2013 (Dublin III Regulation).
Related Term: Dublin Convention, Dublin Regulation, Dublin transfer, Eurodac, transfer order
Regulation which lays down the criteria and mechanisms for determining the Member State responsible for examining an application for international protectionlodged in one of the Member States by a third-country nationalor a stateless person.
Related Term: asylum shopping, Dublin Convention, Dublin procedure, Dublin transfer, Eurodac, transfer order
Lays down the criteria and mechanisms for determining the EU State responsible for examining an application for asylum lodged in one of the EU States by a non-EU national.
Narrower Term: transfer order
Related Term: Dublin Convention, Dublin procedure, Dublin Regulation
1. The determination of the Member State responsible for examining an asylum application is done on the basis of objective and hierarchical criteria, as laid out in Chapter III of Regulation (EU) No 604/2013 (Dublin III Regulation).
2. For more information on the Dublin Regulation, see the description of policy on the examination of applications for asylum on the DG HOME website
Any means by which the situation of refugees can be satisfactorily and permanently resolved to enable them to live normal lives.
Related Term: resettlement
The UNHCR traditionally pursues the durable solutions of voluntary repatriation, local integration and resettlement.