EAN: 9783319425047

SPRINGERBRIEFS IN LAW IMPLEMENTATION OF EU RE...

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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