The human right to liberty in the context of migration governance: some critical remarks on the recent practice in the light of the applicable legal framework

Whereas States make a frequent recourse to the so called "administrative detention" of migrants irregulary entering the country or staying, the essay analyses this contentious issues under the yardstick of human rights, and in particular under the human right to liberty and the cospicuous case-law of international specialized bodies. Several aspects of States' practice seem to collide with international standards, both on substantial and procedural grounds. Adherence to human rights is advocated, as well as the consideration of the need to seek a different balance between the position of the individual and the legitimate interests of States to enforce their domestic legislation on entry and stay of foreigners.