Implementation Of Eu Readmission Agreements
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Author | : Sergio Carrera |
Publisher | : Springer |
Total Pages | : 93 |
Release | : 2016-08-15 |
Genre | : Law |
ISBN | : 3319425056 |
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.
Author | : Sergio Carrera |
Publisher | : |
Total Pages | : 92 |
Release | : 2020-10-08 |
Genre | : Law |
ISBN | : 9781013267543 |
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.
Author | : Nils Coleman |
Publisher | : BRILL |
Total Pages | : 409 |
Release | : 2009 |
Genre | : Law |
ISBN | : 9004165541 |
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.
Author | : Florian Trauner |
Publisher | : |
Total Pages | : 48 |
Release | : 2008 |
Genre | : |
ISBN | : |
Abstract: With the Eastern Enlargement successfully completed, the EU is searching for a proper balance between internal security and external stabilisation that is acceplable to all sides. This paper focuses on an EU foreign policy instrument that is a case in point for this struggle: EC visa facilitation and readmission agreements. By looking at the EU's strategy on visa facilitation and readmission, this paper aims to offer a first systematic analysis of the objectives, substance and political implications of these agreements as a means to implement a new EU security approach in the neighbourhood. In offering more relaxed travel conditions in exchange for the signing of an EC readmission agreement and reforming domestic justice and home affairs, the EU has found a new way to press for reforms in neighbouring countries while addressing a major source of discontent in these countries. The analysis concluded with the broader implications of these agreements and argues that even if the facili
Author | : Izabella Majcher |
Publisher | : BRILL |
Total Pages | : 848 |
Release | : 2019-11-26 |
Genre | : Law |
ISBN | : 9004360530 |
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Author | : Sergio Carrera |
Publisher | : BRILL |
Total Pages | : 417 |
Release | : 2018-12-10 |
Genre | : Law |
ISBN | : 9004354239 |
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.
Author | : Francesca Ippolito |
Publisher | : Cambridge University Press |
Total Pages | : 343 |
Release | : 2016-01-11 |
Genre | : Law |
ISBN | : 1316473015 |
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.
Author | : Fanny Tittel-Mosser |
Publisher | : Routledge |
Total Pages | : 216 |
Release | : 2020-06-08 |
Genre | : Law |
ISBN | : 1000077381 |
This book provides a comprehensive assessment of the effectiveness of Mobility Partnerships and their consequences for third countries. Mobility partnerships between the EU and third countries are usually viewed as reflecting asymmetric power relations where development aid, trade relations and visa policies are made conditional upon the cooperation by third countries with an EU agenda of migration control. This book argues that three main factors condition the relevance of Mobility Partnerships: the state of relations between EU Member States and a third country, and in particular, the role of postcolonial ties; the power of negotiation of a third country, which is linked to its geopolitical importance for the EU; and its administrative capacity, which is understood as the capacity of a state to define and implement policies and to legislate and enforce the law. The work combines a comparative legal analysis of the development of the legal and policy frameworks in the cases of Morocco and Cape Verde with an empirical study of the implementation of Mobility Partnerships’ projects. The analysis demonstrates that Mobility Partnerships, despite their non-binding nature, have legal and policy relevance for these third countries with regard to the regulation of migration, asylum, human trafficking and even labour law. As such, this book makes a contribution to the understanding of the interplay between the interests of EU, Member State and third country actors in the implementation of the Mobility Partnerships. The book will be a key resource for academics and students focusing on Migration Law, EU Studies, Geopolitics and African Studies. The empirical approach will also appeal to policy-makers, international organisation representatives and NGOs.
Author | : Hülya Kaya |
Publisher | : Edward Elgar Publishing |
Total Pages | : 256 |
Release | : 2020-06-26 |
Genre | : Law |
ISBN | : 178990921X |
This thought-provoking book critically analyses how the implementation of the EU-Turkey Statement on Refugees affects the rights of refugees and asylum seekers. Bringing together an in-depth examination of both EU and Turkish law and fieldwork data within a theoretical human rights framework, Hülya Kaya discusses the operational realities and failures of the agreement between Turkey and the EU from a socio-legal perspective.
Author | : Oya Dursun-Özkanca |
Publisher | : Cambridge University Press |
Total Pages | : 231 |
Release | : 2019-11-28 |
Genre | : History |
ISBN | : 1108488625 |
Explains the trajectory of Turkish foreign policy behavior vis-...-vis the West, identifying the major factors behind intra-alliance opposition.