Readmission Policy In The European Union

Author : Nils Coleman
Publisher : BRILL
ISBN 13 : 9004165541
Total Pages : 409 pages
Book Rating : 4.40/5 ( download)

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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.

Author : Jean-Pierre Cassarino
Publisher :
ISBN 13 :
Total Pages : 67 pages
Book Rating : 4.60/5 ( download)

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Download or read book Readmission Policy in the European Union written by Jean-Pierre Cassarino and published by . This book was released on 2010 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Sergio Carrera
Publisher : Springer
ISBN 13 : 3319425056
Total Pages : 83 pages
Book Rating : 4.54/5 ( download)

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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 83 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.

Author : Mariagiulia Giuffré
Publisher :
ISBN 13 :
Total Pages : 13 pages
Book Rating : 4.08/5 ( download)

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Download or read book The European Union Readmission Policy After Lisbon written by Mariagiulia Giuffré and published by . This book was released on 2014 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author :
Publisher :
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.26/5 ( download)

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Download or read book EU Readmission Policy and Its Implications for Non-member States written by and published by . This book was released on 2005 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Sergio Carrera
Publisher : BRILL
ISBN 13 : 9004354239
Total Pages : 417 pages
Book Rating : 4.34/5 ( download)

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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.

Author : Izabella Majcher
Publisher : BRILL
ISBN 13 : 9004360530
Total Pages : 848 pages
Book Rating : 4.32/5 ( download)

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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

Author : Sergio Carrera
Publisher :
ISBN 13 : 9781013267550
Total Pages : 92 pages
Book Rating : 4.59/5 ( download)

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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.

Author :
Publisher :
ISBN 13 : 9789284763948
Total Pages : pages
Book Rating : 4.40/5 ( download)

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Download or read book EU Readmission Cooperation with Third Countries written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Evangelia Tsourdi
Publisher : Edward Elgar Publishing
ISBN 13 : 1786439638
Total Pages : 543 pages
Book Rating : 4.35/5 ( download)

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Download or read book Research Handbook on EU Migration and Asylum Law written by Evangelia Tsourdi and published by Edward Elgar Publishing. This book was released on 2022-12-08 with total page 543 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important Research Handbook provides a holistic analysis of the development of the European Union’s migration and asylum policies. It comprehensively examines facets of each policy, including insights from cutting-edge research and an in-depth analysis of their development, whilst also identifying future policy orientation.