Legality, Rule of Law and Fundamental Rights Reconsidered
Edited by Sergio Carrera, Juan Santos Vara and Tineke Strik
Chapter 8: The EUs readmission policy: of agreements and arrangements
In 2002, the EU signed its first readmission agreement with the government of Hong Kong. Soon it became clear that readmission agreements would become one of the standard tools to tackle irregular migration to the EU. EU readmission agreements are international agreements between the EU and a third country, which stipulate reciprocal obligations to facilitate the return and transit of persons who do not, or no longer, fulfil the conditions for entry into, presence in or residence in the requesting state. EU readmission agreements have been subject to criticism for several reasons, such as the inclusion of third country nationals in the agreements and human rights implications. This chapter aims to discuss critically and take stock of the EU’s readmission policy to date. The trend to use increasingly non-binding ‘readmission arrangements’, rather than readmission agreements under Article 79(3) TFEU, raises a number of questions, in particular concerning the European Parliament’s power of democratic scrutiny.
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