UID:
edoccha_9961519389802883
Format:
1 online resource (XVII, 83 p. 4 illus., 3 illus. in color.)
Edition:
1st ed. 2016.
ISBN:
3-319-42505-6
Series Statement:
SpringerBriefs in Law,
Content:
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.
Note:
Intro -- Endorsements -- Acknowledgments -- Contents -- About the Author -- Abbreviations -- List of Graphs -- List of Tables -- 1 Introduction -- References -- 2 The EU and the Ineffectiveness of Expulsion Policies -- References -- 3 Identity Determination Dilemmas: Whose National Are You? -- 3.1 The Quasi-suspension of the EURA with Pakistan -- 3.2 Pham v. Secretary of State for the Home Department Case -- References -- 4 EURAs Compared -- 4.1 Readmission Obligation of Own Nationals -- 4.2 Readmission Procedures: Principles and Means of Evidence -- 4.2.1 Principles -- 4.2.2 Means of Evidence of Nationality -- 4.2.3 Application and Implementation -- References -- 5 The Implementation Challenges and Dynamics of EURAs -- 5.1 Lack of Accountability and Transparency -- 5.2 The Value Added of Formal and Informal EU Readmission Instruments -- 5.3 Inter-state and Inter-actor Challenges: Re-modelling the Boundaries of Authority -- 5.4 The Blurring of Rights -- References -- 6 Conclusions -- References -- Annex -- Detailed Comparative Overview of EURAs.
Additional Edition:
ISBN 3-319-42504-8
Language:
English
DOI:
10.1007/978-3-319-42505-4
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