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SpringerBriefs in Law
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Implementation of EU Readmission Agreements

Identity Determination Dilemmas and the Blurring of Rights

Authors: Carrera, Sergio

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  • Up-to-date legal assessment of EU readmission agreements and the legal challenges affecting their implementation dynamics
  • In-depth analysis of why irregular immigrants cannot be expelled from the EU to their countries of origin
  • Unique comparative study of the main norms and administrative procedures enshrined in EURAs for determining the legal identity and nationality of irregular immigrants
  • Illustrates the challenges in these procedures’ practical application in light of international law and the rights of individuals
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  • ISBN 978-3-319-42505-4
  • This book is an open access book, you can download it for free on link.springer.com
Softcover $24.99
price for USA in USD
  • ISBN 978-3-319-42504-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

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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Table of contents (6 chapters)

Table of contents (6 chapters)
  • Introduction

    Pages 1-6

    Carrera, Sergio

  • The EU and the Ineffectiveness of Expulsion Policies

    Pages 7-12

    Carrera, Sergio

  • Identity Determination Dilemmas: Whose National Are You?

    Pages 13-21

    Carrera, Sergio

  • EURAs Compared

    Pages 23-35

    Carrera, Sergio

  • The Implementation Challenges and Dynamics of EURAs

    Pages 37-61

    Carrera, Sergio

Buy this book

eBook  
  • ISBN 978-3-319-42505-4
  • This book is an open access book, you can download it for free on link.springer.com
Softcover $24.99
price for USA in USD
  • ISBN 978-3-319-42504-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
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Bibliographic Information

Bibliographic Information
Book Title
Implementation of EU Readmission Agreements
Book Subtitle
Identity Determination Dilemmas and the Blurring of Rights
Authors
Series Title
SpringerBriefs in Law
Copyright
2016
Publisher
Springer International Publishing
Copyright Holder
The Editor(s) (if applicable) and The Author(s)
eBook ISBN
978-3-319-42505-4
DOI
10.1007/978-3-319-42505-4
Softcover ISBN
978-3-319-42504-7
Series ISSN
2192-855X
Edition Number
1
Number of Pages
XVII, 83
Number of Illustrations
1 b/w illustrations, 3 illustrations in colour
Topics