(b) Readmission Agreements

  Main Debates Are the "Safeguard" Provisions in Readmission Agreements Sufficient   Main Points Objectives of Readmission Agreements: EU seeking to use readmission agreements to guarantee removal of irregular migrants, including those who have merely transited through other contracting party Rules on Proof and Presumptive Evidence for Nationality and Transit Route Safeguard ClausesEU Documents Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the European Community on the Readmission of Persons Residing without Authorisation, OJ L 17, 24 January 2004. Agreement between the Democratic Socialist Republic of Sri Lanka and the European Community on the Readmission of Persons Residing without Authorization, OJ L 124, 17 May 2005. Agreement between the European Community and the Macao Special Administrative Region of the People’s Republic of China on the Readmission of Persons Residing without Authorisation, OJ L 143/97, 30 April 2004.Agreement between the Republic of Albania and the European Community on the Readmission of Persons Residing without Authorisation: OJ L 124, 17 May 2005. Agreement between the European Community and the Russian Federation on Readmission, OJ L 129, 17 May 2007. Proposal for a Council Decision on the signature of the Agreement between the European Community and Ukraine on the Readmission of Persons, COM(2007) 0197. ’Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on Readmission of Persons Residing without Authorisation, COM(2007) 0425. Proposal for a Council Decision on the signature of the Agreement between the European Community and the Republic of Montenegro on Readmission of Persons Residing without Authorisation, COM(2007) 0431. Proposal for a Council Decision on the signature of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on Readmission of Persons Residing without Authorisation, COM(2007) 432. Proposal for a Council Decision on the signature of the Agreement between the European Community and Serbia on Readmission of Persons Residing without Authorisation, COM(2007) 0438. Readings Core D. Bouteillet-Paquet, ‘Passing the Buck: a critical analysis of the readmission policy implemented by the European Union and its Member States’, European Journal of Migration and Law, vol. 5, no. 3 (2003), pp. 359–377. M. Schieffer, ‘Community readmission agreements with third countries – objectives, substance and current state of negotiations’, European Journal of Migration and Law, vol. 5, no. 3 (2003), pp. 343–357. Extended N. A. Abell, ‘The Compatibility of Readmission Agreements with the 1951 Convention relating to the Status of Refugees’, International Journal of Refugee Law, vol. 11, no.1 (January 1999), pp. 60–83. IGC Secretariat, ‘Report on Readmission Agreements’, June 2000.

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law




(b) Readmission Agreements

 

Main Debates

Are the "Safeguard" Provisions in Readmission Agreements Sufficient

 

Main Points

Objectives of Readmission Agreements:

EU seeking to use readmission agreements to guarantee

removal of irregular migrants, including those who have merely transited through other contracting party

Rules on Proof and Presumptive Evidence for Nationality and Transit Route

Safeguard Clauses

EU Documents

Agreement between the Government of the Hong Kong Special Administrative Region of the People’s Republic of China and the European Community on the Readmission of Persons Residing without Authorisation, OJ L 17, 24 January 2004.

Agreement between the Democratic Socialist Republic of Sri Lanka and the European Community on the Readmission of Persons Residing without Authorization, OJ L 124, 17 May 2005.

Agreement between the European Community and the Macao Special Administrative Region of the People’s Republic of China on the Readmission of Persons Residing without Authorisation, OJ L 143/97, 30 April 2004.

Agreement between the Republic of Albania and the European Community on
the Readmission of Persons Residing without Authorisation: OJ L 124, 17 May 2005.

Agreement between the European Community and the Russian Federation on Readmission, OJ L 129, 17 May 2007.

Proposal for a Council Decision on the signature of the Agreement between the European Community and Ukraine on the Readmission of Persons, COM(2007) 0197.

’Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on Readmission of Persons Residing without Authorisation, COM(2007) 0425.

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Republic of Montenegro on Readmission of Persons Residing without Authorisation, COM(2007) 0431.

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on Readmission of Persons Residing without Authorisation, COM(2007) 432.

Proposal for a Council Decision on the signature of the Agreement between the European Community and Serbia on Readmission of Persons Residing without Authorisation, COM(2007) 0438.

Readings

Core

D. Bouteillet-Paquet, ‘Passing the Buck: a critical analysis of the readmission policy implemented by the European Union and its Member States’, European Journal of Migration and Law, vol. 5, no. 3 (2003), pp. 359–377.

M. Schieffer, ‘Community readmission agreements with third countries – objectives, substance and current state of negotiations’, European Journal of Migration and Law, vol. 5, no. 3 (2003), pp. 343–357.

Extended

N. A. Abell, ‘The Compatibility of Readmission Agreements with the 1951 Convention relating to the Status of Refugees’, International Journal of Refugee Law, vol. 11, no.1 (January 1999), pp. 60–83.

IGC Secretariat, ‘Report on Readmission Agreements’, June 2000.



EU Documents

Proposal for a Council Decision on the signature of the Agreement between the European Community and Ukraine on the Readmission of Persons

Proposal for a Council Decision on the signature of the Agreement between the European Community and Ukraine on the Readmission of Persons, COM(2007) 0197.

Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on Readmission of Persons Residing without Authorisation

’Proposal for a Council Decision concerning the conclusion of the Agreement between the European Community and Bosnia and Herzegovina on Readmission of Persons Residing without Authorisation, COM(2007) 0425.

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Republic of Montenegro on Readmission of Persons Residing without Authorisation

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Republic of Montenegro on Readmission of Persons Residing without Authorisation, COM(2007) 0431.

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on Readmission of Persons Residing without Authorisation

Proposal for a Council Decision on the signature of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on Readmission of Persons Residing without Authorisation, COM(2007) 432.

Proposal for a Council Decision on the signature of the Agreement between the European Community and Serbia on Readmission of Persons Residing without Authorisation

Proposal for a Council Decision on the signature of the Agreement between the European Community and Serbia on Readmission of Persons Residing without Authorisation, COM(2007) 0438.

EU Instruments

Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the European Community on the Readmission of Persons Residing without Authorisation

Agreement between the Government of the Hong Kong Special Administrative Region of the People's Republic of China and the European Community on the Readmission of Persons Residing without Authorisation, 27 November 2002.

Agreement between the Democratic Socialist Republic of Sri Lanka and the European Community on the Readmission of Persons Residing without Authorization

Agreement between the Democratic Socialist Republic of Sri Lanka and the European Community on the Readmission of Persons Residing without Authorization: SEC (2003) 255, 21 March 2003.

Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the Readmission of Persons Residing without Authorisation

Agreement between the European Community and the Macao Special Administrative Region of the People's Republic of China on the Readmission of Persons Residing without Authorisation: OJ 2004 L 143/97, 30 April 2004.

Agreement between the Republic of Albania and the European Community on the Readmission of Persons Residing without Authorisation

Agreement between the Republic of Albania and the European Community on the Readmission of Persons Residing without Authorisation: COM(2004) 92, 12 February 2004.

Agreement between the European Community and the Russian Federation on Readmission

Agreement between the European Community and the Russian Federation on Readmission, OJ L 129, 17 May 2007.

Readings

Core

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Passing the Buck: a critical analysis of the readmission policy implemented by the European Union and its Member States

D. Bouteillet-Paquet, 'Passing the Buck: a critical analysis of the readmission policy implemented by the European Union and its Member States' (2003) 3 European Journal of Migration and Law, 359-377.
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Community readmission agreements with third countries - objectives, substance and current state of negotiations

M. Schieffer, 'Community readmission agreements with third countries – objectives, substance and current state of negotiations' (2003) 3 European Journal of Migration and Law, 343-357.

Extended

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The Compatibility of Readmission Agreements with the 1951 Convention relating to the Status of Refugees

N. A. Abell, 'The Compatibility of Readmission Agreements with the 1951 Convention relating to the Status of Refugees' 11(1) International Journal of Refugee Law 60-83.

Report on Readmission Agreements

IGC Secretariat, 'Report on Readmission Agreements', June 2000.