The updates will be in respect of the three checklists and their explanatory notes. These are sections 4 (Detention under the Dublin III Regulation and the ECHR), 5 (Detention under the Return Directive and the ECHR) and 6 (Detention under the Recast Reception Directive and the ECHR). Insignificant updates will be made to section 1 on ‘Purpose and Methodology’. Small but necessary updates to section 2 on ‘Detention and the Rule of Law’ will be made as regards some statistical information on the number of detention cases in Member States of the EU after September 2017 and perhaps about recent seminal judgments on detention of national courts of the Member States of the EU. Section 3 on the ‘Interplay of EU law, the European Convention on Human Rights (ECHR) and National Law in the Context of the Protection of Human Rights’ will also be updated in light of new case law of the Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECtHR), particularly on the ‘principle of mutual trust’ under EU law and the ‘presumption of equivalent protection’ under the case law of the ECtHR.
More info on the project is available here.