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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.

Law. --- European Union. --- Human rights. --- International humanitarian law. --- International law. --- Emigration and immigration. --- European Law. --- Human Rights. --- Migration. --- European Union Politics. --- International Humanitarian Law, Law of Armed Conflict. --- Basic rights --- Civil rights (International law) --- Human rights --- Rights, Human --- Rights of man --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Immigration --- International migration --- Migration, International --- Law of nations --- Nations, Law of --- Public international law --- Humanitarian conventions --- International humanitarian law --- Law and legislation --- Human security --- Transitional justice --- Truth commissions --- Jurisprudence --- Legislation --- Population geography --- Assimilation (Sociology) --- Colonization --- Law --- War (International law) --- Law—Europe. --- Europe --- Humanitarian law. --- Human Migration. --- European Politics. --- Europe. --- Politics and government. --- Gay culture Europe --- Geotechnical engineering. --- Natural disasters. --- System safety. --- Statistical physics. --- Mechanics. --- Mechanics, Applied. --- Geotechnical Engineering & Applied Earth Sciences. --- Natural Hazards. --- Security Science and Technology. --- Applications of Nonlinear Dynamics and Chaos Theory. --- Theoretical and Applied Mechanics. --- Three-dimensional reconstruction of fissured rock --- Load/unload response ratio predicting of rockburst --- Nonlinear dynamics evolution pattern of rock cracks --- Bayesian model for predicting rockburst

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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.

Migration. Refugees --- International relations. Foreign policy --- Politics --- European law --- Law of armed conflicts. Humanitarian law --- International law --- Human rights --- Law --- mensenrechten --- recht --- migratie (mensen) --- Europees recht --- internationaal recht --- Europese instellingen --- Europese politiek --- European Union --- Europe --- Pakistan

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How much does European citizenship cost in the EU? This was the question that has raised so much controversy over the Maltese citizenship-for-sale programme. The outright selling of Maltese nationality to rich foreigners led to unprecedented responses by the European Parliament and European Commission. This paper examines theaffair and its relevance for current and future configurations of citizenship of the EU. It studies the extent to which member states are still free to lay down the grounds for the acquisition and loss of nationality without any EU supervision and accountability. It provides a comparative overview of member state schemes and the exact pricefor buying citizenship and a residency permit in the EU. It is argued that the EU’s intervention on the Maltese citizenship-for-sale affair constitutes a legal precedent for assessing the lawfulness of passport-for-sale or golden migration programmes in other EU member states. The affair has also revealed the increasing relevance of a set of European and international legal principles limiting member states’ discretion over citizenship matters and providing a supranational constellation of accountability venues scrutinising the impact of their decisions overcitizenship of the Union.

Citizenship --- Social aspects.

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In April 2011, France reintroduced internal border checks with Italy to prevent mobility by North African immigrants who hold temporary residence permits issued by Italy and who had entered the EU from Tunisia as a result of revolutions and war in the southern Mediterranean region. This has caused a diplomatic row between the two countries and provoked strong reactions other EU member states and at EU level. This paper examines the compatibility of the Italian and French measures with EU border legislation and legal principles as well as the foundations of the Schengen regime. It argues that the Franco-Italian affair illustrates a 'race to the bottom' on European principles of solidarity, loyal cooperation and fundamental rights. The affair ultimately reveals the very limits and unfinished elements of the EU's immigration and border policies. Finally, the paper puts forward policy recommendations to the parties involved.

Border security --- Freedom of movement (International law) --- Law and legislation.

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This Research Paper is a contribution to a wider cost-of non-Europe assessment in the Area of Freedom Security and Justice requested by the European Parliament’s Committee on Civil Liberties that can be found here. The research takes stock of the state of play in European Union cooperation in the area of legal immigration. The Research Paper identifies gaps and barriers of current sectorial and fragmented EU legal immigration acquis. It assesses their economic impacts and impacts at individual level in terms of fundamental rights protection and non-discrimination laid down in international, regional and EU human rights and labour standards. The research highlights the need for ‘more EU’ in upholding equal treatment standards between third country workers with EU nationals in relation to working and living conditions. The Research Paper elaborates on the potential benefits, cost drivers and feasibility of different policy options for the EU ranging from: better enforcement, to the gradual extension of EU legislation towards other labour market sectors or bringing back to the idea of a Binding Immigration Code. The research concludes that EU internal market, national administrations as well as EU and Third Country Citizens would benefit from more homogenous policy approach in the area of legal migration.

Emigration and immigration law --- Freedom of movement