29 Aug 2016

Implementation of EU Readmission Agreements: Identity Determination Dilemmas and the Blurring of Rights

Sergio Carrera


Author: Sergio Carrera

Series: CEPS research published externally    No. of pp: 93 pp

During the last 16 years, and as of May 2016, the European Union has concluded 17 EU Readmission Agreements (EURAs) with various non-EU countries, as key instruments establishing cooperation between the EU and third countries for expelling irregular third-country nationals. This book examines the ways in which the European Commission and the Member States frame the effectiveness of EU return policies on the basis of ‘successful return’ rates, and the policy and legislative initiatives undertaken to increase the number of expulsions. It assesses existing knowledge regarding the role played by travel documents and identity determination as obstacles preventing person to be expelled or readmitted to her/his country of origin and studies the administrative procedures and common rules envisaged by EURAs aimed at ensuring a swift identi?cation or ‘identity determination’ of the nationality of the persons to be readmitted to their country of origin. The book focuses in particular 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 ?ve EURAs that have been concluded since with Armenia, Azerbaijan, Cape Verde, Georgia and Turkey. In the final analysis, the author critically analyses the challenges affecting the operability of EURAs, which mainly relate to the lack of accountability and transparency mechanisms as well as the dilemmas they pose to international and European standards in the determination of nationality by states, and to the individual as a holder of fundamental human rights.

This book was produced within the scope of the EURA-NET (Transnational Migration in Transition) research project, in which CEPS was a partner institute and which is funded by the Seventh Framework Programme of DG Research of the European Commission. For more information about the project, see http://www.uta.fi/edu/en/research/projects/eura-net/index.html.

It is published by Springer International Publishing in 'open access' version at the following links: http://link.springer.com/book/10.1007/978-3-319-42505-4 and http://www.springer.com/gp/book/9783319425047

Sergio Carrera is a Senior Research Fellow and head of the Justice and Home Affairs research programme at CEPS. He is also Associate Professor/Senior Research Fellow at the Faculty of Law, Maastricht University.