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Implementation of EU Readmission Agreements - Identity Determination Dilemmas and the Blurring of Rights (Paperback, 1st ed. 2016)
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Implementation of EU Readmission Agreements - Identity Determination Dilemmas and the Blurring of Rights (Paperback, 1st ed. 2016)
Series: SpringerBriefs in Law
Expected to ship within 10 - 15 working days
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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.
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