37Second, it follows expressly from Article 15(1) of Directive 2008/115 that the detention of a third-country national who is illegally staying on the territory of a Member State can, in the absence of other sufficient but less coercive measures that could be applied effectively, be justified only in order to prepare the return of that national and/or to carry out the removal process, in particular where there is a risk of absconding or where the national avoids or hampers the preparation of return or the removal process. Therefore, it is only where, in the light of an assessment of each specific situation, the enforcement of the return decision in the form of removal risks being compromised by the conduct of the person concerned that the Member States may deprive that person of his or her liberty and detain him or her (judgment of 14 May 2020, Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság, C‑924/19 PPU and C‑925/19 PPU, EU:C:2020:367, paragraphs 268 and 269 and the case-law cited).
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