Download or read book Implementation of EU Readmission Agreements written by Sergio Carrera and published by Springer. This book was released on 2016-08-15 with total page 93 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Implementation of EU Readmission Agreements written by Sergio Carrera and published by . This book was released on 2020-10-08 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book European Readmission Policy written by Nils Coleman and published by BRILL. This book was released on 2009 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book EC Visa Facilitation and Readmission Agreements written by Florian Trauner and published by . This book was released on 2008 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book EC Visa Facilitataion and Readmission Agreements Implementing a New EU Security Approach in the Neighbourhood written by Florian Trauner and published by . This book was released on 2008 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book EU External Migration Policies in an Era of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Migration in the Mediterranean written by Francesca Ippolito and published by Cambridge University Press. This book was released on 2016-01-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Implementing EU Mobility Partnerships written by Fanny Tittel-Mosser and published by Routledge. This book was released on 2020-06-08 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The EU Turkey Statement on Refugees written by Hülya Kaya and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Return Directive 2008 115 EC written by Katharina Eisele and published by . This book was released on 2020 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the fundamental rights and dignity of the people concerned. Tineke Strik (Greens/EFA, the Netherlands) was appointed as rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate-General for Parliamentary Research Services (EPRS). This EPRS European Implementation Assessment finds several protection gaps and shortcomings regarding the four key measures of the Return Directive – return decision, enforcement of the return decision, entry ban, and detention – which may lead to fundamental rights violations for irregular migrants. Moreover, EU return and readmission policy has increasingly resorted to informal cooperation in the external policy dimension. There have been, and continue to be, rule of law, fundamental rights, budgetary and external affairs implications flowing from the pursuit, conclusion and implementation of EU readmission agreements and agreements having equivalent effect with third countries.
Download or read book The Routledge Handbook of Justice and Home Affairs Research written by Ariadna Ripoll Servent and published by Routledge. This book was released on 2017-11-22 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice and Home Affairs is one of the fastest expanding areas of research in European Studies. The European response to security concerns such as terrorism, organised crime networks, and drug trafficking as well as to the challenge of managing migration flows are salient topics of interest to an increasing number of scholars of all disciplines, the media and general public. This handbook takes stock of policy development and academic research in relation to justice and home affairs and analyses the field in an unprecedented thematic depth. The book comprehensively investigates the field from the perspective of the three dimensions central to European integration: the sectoral (policies), the horizontal (states, regions) and the vertical (institutions, decision-making) dimensions. It also discusses the most important theoretical approaches used in this research area and provides the reader with a state of the art picture of the field. By adopting such a comprehensive and broad-based approach, the handbook is uniquely positioned to be an important referent for scholars, practitioners and students interested in the area of justice, home affairs and European politics.
Download or read book Turkey West Relations written by Oya Dursun-Özkanca and published by Cambridge University Press. This book was released on 2019-11-28 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the trajectory of Turkish foreign policy behavior vis-...-vis the West, identifying the major factors behind intra-alliance opposition.
Download or read book RESEARCH PAPER BELARUS EU written by and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the analysis of the parameters of illegal migration via the territory of Belarus and assessment of the implementation of equivalent agreements between the EU and Russia and between the EU and Ukraine, the study provides estimates of the probable numbers of third-country nationals and stateless persons that Belarus would have to readmit from the European Union Member States if it had a r. [...] The main objectives of the study are as follows: To explain the essence of the readmission agreements between the EU and third countries and their status in the European Union's migration policy; To identify the scope of the readmission agreements between Ukraine and the EU and between Russia and the EU as commensurate to the proposed agreement with Belarus in their substance; To outline the. [...] The section also describes the progress that Belarus has made in the issue of readmission within the Common Economic Space and presents some results of the implementation of the readmission agreements between the EU and Russia and between the EU and Ukraine pertaining to the readmission of third-country nationals. [...] The results of the implementation of the readmission agreements between the EU and Russia and between the EU and Ukraine, as well as the analysis of the scope and parameters of illegal migration via the territory of Belarus prove that the concerns voiced by official Minsk regarding significant numbers of illegal migrants that would have to be readmitted by Belarus ("thousands, if not tens of thous. [...] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Applying the Global Approach to Migration to the Eastern and South-Eastern Regions Neighbouring the European Union, COM/2007/0247 final.
Download or read book EU Morocco Negotiations for a Readmission Agreement written by Keven Kaiser and published by . This book was released on 2019 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union (EU) has increasingly sought to tackle irregular migration through cooperation with third countries. One of the key instruments in this regard have been EU readmission agreements (EURAs), which commit non-EU countries to take back irregular migrants. The European Commission obtained a mandate to negotiate an EURA with Morocco already in 2000, but negotiations have thus far remained inconclusive. This paper aims to shed light on the reasons for this failure. It argues that an EURA could not be concluded because the incentives offered by the EU have been insufficient, for instance in the case of legal migration and mobility, or they were granted despite the lack of cooperation. Considerable funding and the symbolically important ‘advanced status’ under the European Neighbourhood Policy were allocated to Morocco anyway because the EU is dependent on Morocco for migration control. This dependency puts the EU in a weak bargaining position as it cannot credibly withhold benefits in case of Morocco’s non-compliance. The credibility of the EU’s conditionality is further undermined by inconsistencies within its multilevel system of governance. The existence of bilateral alternatives to an EURA is particularly problematic in this regard. Based on these findings, the paper suggests that the EU should (1) conclude more readmission agreements with countries of origin to take some pressure off Morocco; (2) link the allocation of funding and the conclusion of new agreements to progress in the EURA negotiations; (3) lower its dependence on Morocco by enhancing its own border control capabilities; (4) relaunch the negotiations for a visa facilitation agreement and broaden their scope; and (5) increase coherence in order to present a united front to Morocco.
Download or read book Reviewing European Union Accession written by Tom Hashimoto and published by Martinus Nijhoff Publishers. This book was released on 2017-09-25 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: The year 2017 has been an uneasy one for the EU, with so-called Brexit on the horizon and the rise of populist euroskepticism in a number of Member States. This year, with the tenth anniversary of the Romanian and Bulgarian accession to the Union, is a good year to pause and reflect over the life and future of the Union. In this work, we envision the next decade with Europe 2020 strategy and review the fruits of the 2004 accession in Central and Eastern Europe. What has the Union achieved? Which policy areas are likely to change and how? How successful, and by what measure, has the accession of the 10 Member States in 2004 been? Reviewing European Union Accession addresses a wide range of issues, deliberately without any thematic constraints, in order to explore EU enlargement from a variety of perspectives, both scientific and geographical, internal and external. In contrast to the major works in this field, we highlight the interrelated, and often unexpected, nature of the integration process – hence the subtitle, unexpected results, spillover effects and externalities.
Download or read book Multilayered Migration Governance written by Rahel Kunz and published by Taylor & Francis. This book was released on 2011-03-03 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the use of migration partnerships as a new tool in the political management of migration flows.
