Implementation of EU Readmission Agreements
Identity Determination Dilemmas and the Blurring of Rights
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Beschreibung
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.
Up-to-date legal assessment of EU readmission agreements and the legal challenges affecting their implementation dynamics In-depth analysis of why irregular immigrants cannot be expelled from the EU to their countries of origin Unique comparative study of the main norms and administrative procedures enshrined in EURAs for determining the legal identity and nationality of irregular immigrants Illustrates the challenges in these procedures’ practical application in light of international law and the rights of individuals
Autor*in
Sergio Carrera
Themen in »Implementation of EU Readmission Agreements«
EURAs Readmission agreement Readmission Irregular immigration Migration law Refugee law Expulsion Nationality Fundamental rights Third country nationals Migration policy Country of origin EU action plan on return Proof of identity Identification