Menschenrechtliche Grenzen des Rückführungsverfahrens in Europa

The so-called Return Directive, which regulates the return of illegally staying third-country nationals in the European Union, was criticised after its adoption by numerous human rights organisations and governments, with particular regard to the compliance of human rights.
The author explores this question and examines whether the criticism is justified and whether the return of illegally staying third-country nationals by the Return Directive complies with applicable human rights.
She analyses the jurisprudence of the ECJ and the ECHR regarding the rights of illegally staying third-country nationals in the return process, she depicts violations against human rights and draws attention to important gaps in the return process of the Return Directive. As a result, it becomes apparent that illegally staying third-country nationals are entitled to numerous rights in the return process which have not been implemented sufficiently within the Return Directive, and that their enforcement often represents an insurmountable obstacle for illegally staying third-country nationals.