Obligation to Readmit? The Relationship between Interstate and EU Readmission Agreements
Obligation to Readmit? The Relationship between Interstate and EU Readmission Agreements, in Ippolito and Trevisanut (Eds.) Migration in Mare Nostrum: Mechanisms of International Cooperation, CUP 2015
18 Pages Posted: 30 Jun 2015
Date Written: April 28, 2015
In the framework of the bilateral cooperation on migration control between EU Member States and third countries, readmission agreements stand as key tools in the removal of unauthorized migrants, rejected refugees, and asylum seekers supposed to undergo asylum procedures elsewhere. The return of irregular migrants has become, indeed, an underlying component of the EU immigration and asylum policy. A preliminary question is whether general international law generates upon States an obligation to readmit their own and foreign nationals, and, if so, how this obligation relates to readmission agreements.
This Chapter will then attempt to reach an as precise and complete understanding as possible of the technical content of interstate and EU readmission agreements. Since competence in the ‘Area of Freedom, Security and Justice’ remains shared and the EU and Member States continue to pursue their readmission procedures in a parallel manner, this study aims to investigate the tight relationship between national and supranational readmission strategies. Therefore, whereas it analyses the bilateral arrangements of individual Member States with third countries, it also examines the EU’s readmission policy through an overview of the institutional framework, issues of competence, and an outline of the main legal instruments.
Keywords: readmission agreements, customary law, treaty law, migration law
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