Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 376
Book Description
EU Readmission Policy and Its Implications for Non-member States
Author: Implementation of EU Readmission Agreements
Author: Sergio CarreraPublisher:
ISBN: 9781013267550
Category : Law
Languages : en
Pages : 92
Book Description
By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual's legal identity has proven to be one of the most controversial aspects in the implementation of EURAs.The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states' powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights.How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
European Readmission Policy
Author: Nils Philip ColemanPublisher: BRILL
ISBN: 9004180745
Category : Law
Languages : en
Pages : 408
Book Description
Offering the first comprehensive analysis of readmission agreements, this book examines the intersection of immigration and human rights law and the complex interplay between evolving international, regional and national norms. Expanding the current academic and policy discourse on readmission agreements through detailed consideration of the negotiation processes carried out by the European Community, it renders a nuanced review of the underlying strategic objectives and regional effects of these treaties. The book makes a robust challenge to prevailing perspectives in legal scholarship and policy on readmission and refugee protection. The self-contained focus on EC readmission agreements throws light on broader questions of EU migration policy and reveals a detailed and insightful picture of a specific field of EU policy and action.
Implementation of EU Readmission Agreements
Author: Sergio CarreraPublisher: Springer
ISBN: 3319425056
Category : Law
Languages : en
Pages : 93
Book Description
By examining the implementation dynamics of EU Readmission Agreements (EURAs), this book addresses the practical reasons why irregular immigrants cannot be expelled. EURAs are one of the vital legal instruments framing EU external migration law with regard to the expulsion of irregular immigrants, yet their implementation has met with various obstacles. Above all, the process of determining an individual’s legal identity has proven to be one of the most controversial aspects in the implementation of EURAs. The analysis shows that the process of identifying who is whose national in the context of readmission creates two existential dilemmas: first from the perspective of the sovereignty of third countries of origin and the legal standards laid out in international instruments as regards states’ powers in determining nationality, and second regarding the agency of the individual as a holder of fundamental human rights. How do the EURAs deal with or aim at alleviating these identity determination dilemmas? The book provides a comparative analysis of the administrative procedures and rules envisaged by EURAs aimed at proving or presuming the nationality of the persons to be readmitted to their country of origin. It focuses on the ways in which nationality is to be determined or presumed in the scope of the 2010 EURA with Pakistan, and compares it with those foreseen in the EURAs with Armenia, Azerbaijan, Cape Verde, Georgia, and Turkey. As such, the book provides a unique and up-to-date study of EURAs and their implementation challenges in the broader context of EU external migration law and policy.
The European Union Readmission Policy After Lisbon
Author: Mariagiulia GiuffréPublisher:
ISBN:
Category :
Languages : en
Pages : 13
Book Description
This article conducts a brief historical excursus on the evolution of the EU's readmission policy through the analysis of readmission agreements, meant as its main legal instruments. The Lisbon Treaty is herein portrayed as an historical watershed in the recognition of both an express competence of the Union with regard to measures aimed to address the readmission of irregular migrants, and a new role of the Parliament entrusted with the fundamental power to be consulted before a readmission agreement is definitively concluded by the Council.Finally, while a scrutiny of the close relationship between national and supranational readmission strategies reveals the unwillingness of Member States to renounce their national readmission policies, a preliminary assessment of the potential role of the Charter of Fundamental Rights in the field of return of irregular migrants after Lisbon is performed.
EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes
Author: Sergio CarreraPublisher: BRILL
ISBN: 9004354239
Category : Law
Languages : en
Pages : 417
Book Description
This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.
Migration in the Mediterranean
Author: Francesca IppolitoPublisher: Cambridge University Press
ISBN: 1316473015
Category : Law
Languages : en
Pages : 343
Book Description
Mediterranean states have developed various cooperation mechanisms to cope with issues relating to migration. This book critically analyses how institutional actors act and interact on the international scene in the control and management of migration in the Mediterranean.
Readmission Policy in the European Union
Author: Jean-Pierre CassarinoPublisher:
ISBN:
Category : Asylum, Right of
Languages : en
Pages : 67
Book Description
This study sets out to explain the drivers shaping cooperative patterns on the readmission of unauthorised third-country nationals, whether at bilateral or EU level. It lays emphasis on the existence of a predominant bilateral readmission system in which EU agreements are inextricably embedded. As a result of the entry into force of the Treaty of Lisbon, the reinforced political control of the European Parliament calls for an analysis of this system and of its implications for human rights observance.
EU Readmission Cooperation with Third Countries
Author: Publisher:
ISBN: 9789284763948
Category :
Languages : en
Pages :
Book Description
Difficulties in cooperating with countries of origin contribute to low returns of irregular migrants from the EU. Our audit assessed whether the EU has effectively enhanced readmission cooperation with third countries. We found that the outcomes of negotiations with third countries were suboptimal due to insufficient use of synergies with Member States and across EU policies. EU actions to facilitate readmission cooperation were relevant, but their results were uneven, and shortcomings in data on returns and readmissions prevented us from assessing their overall impact. We recommend that the Commission should pursue a more flexible approach when negotiating readmission agreements; create synergies with Member States to facilitate readmission negotiations; strengthen incentives for third countries; and enhance data collection on readmissions. ECA special report pursuant to Article 287(4), second subparagraph, TFEU.
Unpacking EU Readmission and Return Policy with Non-EU Countries
Author: Philipp StutzPublisher:
ISBN: 9783031741142
Category : Political Science
Languages : en
Pages : 0
Book Description