Skip to content
You are not logged in |Login  
     
Limit search to available items
Book Cover
Bestseller
BestsellerE-Book
Author Carrera, Sergio (Political scientist), author.

Title Implementation of EU readmission agreements : identity determination dilemmas and the blurring of rights / Sergio Carrera.

Publication Info. [London, England] : SpringerOpen, [2016]
©2016

Copies

Location Call No. Status
 University of Saint Joseph: Pope Pius XII Library - Internet  WORLD WIDE WEB E-BOOK Springer    Downloadable
Please click here to access this Springer resource
 University of Saint Joseph: Pope Pius XII Library - Internet  WORLD WIDE WEB E-BOOK Springer    Downloadable
Please click here to access this Springer resource
Description 1 online resource (xvii, 83 pages) : illustrations (some color).
Series SpringerBriefs in Law, 2192-8568
SpringerBriefs in law. 2192-8568
Access Open access. GW5XE
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 Includes bibliographical references.
Contents 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.
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 Online resource; title from PDF title page (SpringerOpen, viewed August 31, 2016).
Local Note SpringerLink Springer Nature Open Access eBooks
Subject Emigration and immigration law -- European Union countries.
Freedom of movement -- European Union countries.
Human rights -- European Union countries.
Humanitarian law -- European Union countries.
European Union countries -- Emigration and immigration.
Emigration and immigration. (OCoLC)fst00908690
Emigration and immigration law. (OCoLC)fst00908736
Freedom of movement. (OCoLC)fst00934026
Human rights. (OCoLC)fst00963285
Humanitarian law. (OCoLC)fst00963577
European Union countries. (OCoLC)fst01269470
Other Form: Print version: 9783319425047
ISBN 9783319425054 (eBook)
3319425056 (eBook)
Standard No. 10.1007/978-3-319-42505-4 doi
ISBN 9783319425047
-->
Add a Review