Implementation of EU readmission agreements : identity determination dilemmas and the blurring of rights / Sergio Carrera.
Carrera, Sergio (Political scientist), author.
2016
KJE6044 .C377 2016eb
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Title Implementation of EU readmission agreements : identity determination dilemmas and the blurring of rights / Sergio Carrera.
Author Carrera, Sergio (Political scientist), author.
ISBN 9783319425054 (electronic book)
3319425056 (electronic book)
9783319425047
DOI https://doi.org/10.1007/978-3-319-42505-4
Published [London, England] : SpringerOpen, [2016]
Copyright ©2016
Language English
Description 1 online resource (xvii, 83 pages) : illustrations.
Other Standard Identifiers 10.1007/978-3-319-42505-4 doi
Call Number KJE6044 .C377 2016eb
Summary 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 "Open Access. This book is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, duplication, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, a link is provided to the Creative Commons license and any changes made are indicated."--Title page verso.
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerOpen, viewed August 31, 2016).
Series SpringerBriefs in law.
Available in Other Form Print version: 9783319425047
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1. Introduction
2. The EU and the Ineffectiveness of Expulsion Policies
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
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
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
6. Conclusions
Annex.

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