Readmission Policy In The European Union
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European Readmission Policy
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Author : Nils Coleman
language : en
Publisher: BRILL
Release Date : 2009
European Readmission Policy written by Nils Coleman and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
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.
Readmission Policy In The European Union
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Author : Jean-Pierre Cassarino
language : en
Publisher:
Release Date : 2010
Readmission Policy In The European Union written by Jean-Pierre Cassarino and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Asylum, Right of categories.
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.
Implementation Of Eu Readmission Agreements
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Author : Sergio Carrera
language : en
Publisher: Springer
Release Date : 2016-08-15
Implementation Of Eu Readmission Agreements written by Sergio Carrera and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-15 with Law categories.
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
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Author : Mariagiulia Giuffré
language : en
Publisher:
Release Date : 2014
The European Union Readmission Policy After Lisbon written by Mariagiulia Giuffré and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
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.
The Implications Of The United Kingdom S Withdrawal From The European Union On Readmission Cooperation
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Author :
language : en
Publisher:
Release Date : 2018
The Implications Of The United Kingdom S Withdrawal From The European Union On Readmission Cooperation written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This briefing investigates the implications of the United Kingdom’s withdrawal from the European Union in the area of readmission policy as part of the wider Area of Freedom, Security and Justice. The authors examine the UK’s current engagement with the EU’s readmission policy and the asymmetrical nature of the impact of the UK’s withdrawal. They also map the potential future relationship on readmission and, using existing models of cooperation with third countries, set out how this can be structured within the future relationship agreement.
Implementation Of Eu Readmission Agreements
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Author : Sergio Carrera
language : en
Publisher:
Release Date : 2020-10-08
Implementation Of Eu Readmission Agreements written by Sergio Carrera and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-08 with Law categories.
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.
Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes
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Author : Sergio Carrera
language : en
Publisher: BRILL
Release Date : 2018-12-10
Eu External Migration Policies In An Era Of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-12-10 with Law categories.
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.
Eu Readmission Policy And Its Implications For Non Member States
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Author :
language : en
Publisher:
Release Date : 2005
Eu Readmission Policy And Its Implications For Non Member States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
Eu Readmission Cooperation With Third Countries
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Author :
language : en
Publisher:
Release Date : 2021
Eu Readmission Cooperation With Third Countries written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with categories.
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.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
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
