EC readmission agreements: A re-evaluation of the political impasse

European Journal of Migration and Law

Volumn 9, Issue 3, 2007, Pages 363-387

  Roig, Annabelle ^a,b   Huddleston, Thomas ^c  

^a UNITED NATIONS   (United States)

^b Refugees Office   (Belgium)

^c Migration Policy Group   (Belgium)

Author keywords

Countries of transit; European neighbourhood policy; Irregular migration; Negotiation packages; Non eu nationals; Readmission policy; Return policy; Visa facilitation

Indexed keywords

EID: 34548541112     PISSN: 1388364X     EISSN: 15718166     Source Type: Journal    
DOI: 10.1163/138836407X190433     Document Type: Review

References (118)

1. Annex 2: Extract from Professor Hailbronner's study on 'Obligations of States under International Law to readmit their own or alien nationals", in Inter-Governmental Consultations for Asylum, Refugee and Migration Policies in Europe, North America, and Australia, Report on Readmission Agreements, Geneva, Switzerland, January 2002.
2. Albania, The Hong Kong Special Administrative Region (SAR), Macao, Russia and, Sri Lanka.
3. Statewatch, EU seeking readmission (repatriation) agreements with 11 countries, October 2002 http://www.statewatch.org/news/2002/oct/06readm.htm.
4. JHA Council Press Release, 15.10.2002.
5. European Council Conclusions on the priorities for the successful development of a common readmission policy. 13704/04 draft, 27.10.05, p. 4.
6. Albania, Algeria, China, The Hong Kong Special Administrative Region (SAR), Macao, Morocco, Pakistan, Russia, Sri Lanka, Turkey and Ukraine.
7. European Commission Green Paper on a Community Return Policy on Illegal Residents, COM (2002) 175 final, Brussels, Belgium, 10.04.2002, Article 4.2.
8. European Council Decision authorising the Commission to negotiate with, the People's Democratic Republic of Algeria a readmission agreement between the European Community and Algeria Article 5.
9. European Commission Communication, Integrating Migration Issues in the European Union's Relations with Third Countries, IP/02/1793, 03.12.2002, Article 11.
10. European Council Conclusions on "criteria for the identification of third countries with which new readmission agreements need to be negotiated", 7990/02, COR 1, LIMITE 16.04.2002, Article 2 (i).
11. Ibid. Article 2 (iii).
12. Ibid. Article 2 (v).
13. 14-15 December 2001 Laeken Summit, 28 February 2002, JHA Council Action Plan to Combat Illegal Migration and Trafficking in human beings, June 2003, Commission Communication on common policy on illegal immigration.
14. Council Conclusions on the priorities for the successful development of a common readmission policy, 13758/04, 27.10.2004, Paragraph 2, and JHA Council of 28 February 2002, Action Plan to Combat Illegal Migration and Trafficking in human beings.
15. 18 June 2002, Conclusions on Cooperation with third countries of origin and transit to jointly combat illegal immigration and its 27 October 2004 Conclusions on the priorities for the successful development of a common readmission policy
16. Council Conclusions on Cooperation with, third countries of origin and transit to jointly combat illegal immigration. 9917/3/02 final, 18.06.2002, p. 3.
17. Ibid., p. 4.
18. Council Conclusions on "Priorities for the successful development of a common readmission Policy", 13758/04, 27.10.2004, Paragraph 1.
19. Council Press Release: Readmission Agreements, MEMO/05/3,51, 05.10.2005.
20. Conclusions from the Council on Cooperation with third countries of origin and, transit to jointly combat illegal immigration, 9917/3/02 final, 18.06.2002, 4.
21. Ibid. Declaratory Paragraph 3.
22. Ibid. Declaratory Paragraph 2.
23. Bouteillet-Paquet, Daphne, '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 5, 2003, pp. 359-377.
24. Edinburgh European Council, 13-14 December 1992, Conclusions of the Presidency, Europe, n 5878 bis.
25. Crepeau, E, Droit d'asile: de l'hospitalite aux controles migratoires, (Brussels: Bruylant 1995), p. 285.
26. Council Recommendation concerning a. specimen bilateral readmission agreement between a Member State and a, third country, OJ C 274, 19 September 1,996. pp. 0020-0024.
27. Council Recommendation of 30 November 1994 concerning the adoption of a standard travel document for the expulsion of third-country nationals, OJ C 274 , 19/09/1996, pp. 0018-0019.
28. 1996 EU Council Conclusions on readmission clauses, Article Y http://www.statewatch.org/news/2003/may/12a1995ccs.html.
29. Amsterdam Treaty Article 63&3d in conjunction with article 300: "(1) Where this Treaty provides for the conclusion of agreements between the Community and one or more States or international organisations [...], (2) The European Parliament shall be immediately and fully informed on any decision under this paragraph concerning the provisional application or the suspension of agreements [...], (3). The Council shall conclude agreements after consulting the European Parliament, [...]."
30. Tampere Summit Council Conclusions, paragraphs 26 and 27.
31. 1999 EU Council Decision on readmission clauses, Article B http://www.statewatch.org/news/2003/may/12b1999dec.html.
32. EU Council Presidency Conclusions, Seville, 21-22.06.2002, Paragraph 33.
33. Conclusions from the Council on the priorities for the successful development of a common readmission policy, 13704/04 draft, 27.10.05, p. 5.
34. ECJ, 5 November 2002, United Kingdom v. Commission, C-466/98.
35. Schieffer, Martin, 'Community Readmission Agreements with Third Countries - Objectives, Substance and Current State of Negotiations', European Journal of Migration and Law 3, 2003, p. 350.
36. Agence Europe, 15 October 2003.
37. The Watson report of 7 November 2002 to the Committee on Citizen's Freedoms and Rights, Justice and Home Affairs (A5-0381/2002) approved, on 19 December 2002.
38. Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, A6-0214/2005, 22.06.2005.
39. Article 20 PCA Kyrgyzstan and Article 20 PCA Kazakhstan.
40. OJ L 239 of 9.9.1999, p. 22.
41. OJ L205 of 4.8.1999, p. 22.
42. OJ L 229 of 31.8.1999, p. 22.
43. Signed, on 19 December 2001.
44. OJ L 246 of 17.9.1999, p. 23.
45. IP/02/1696, 18.11.2002, p. 25.
46. COM (2001) 371 final of 9 July 2001, p. 46.
47. OJ C 204 E of 30.10.2001, p. 16.
48. Signed on 10 January 2002.
49. OJ C 213 E of 31.7.2001, p. 44.
50. Council to decide on signature. Clauses not yet public.
51. Clauses not yet public.
52. At the signature of the Cotonou Agreement, the ACP counted seventy-seven countries, since which time two new countries, Eritrea, and Timor Leste, have joined the group.
53. Bolivia, Colombia, Ecuador, Peru and Venezuela. President Hugo Chavez withdrew Venezuela from the Andean Community on 20 April 2006.
54. The EU has obtained only non-binding readmission clauses with, Belarus, Cambodia, Israel, Jordan, Kazakhstan, Kyrgyzstan, Laos, Moldova, Morocco, Pakistan, Russia, Tunisia, Ukraine, Vietnam and Yemen.
55. The EU-Syria Association Agreement, 10 December 2003, Article 49: "The Parties agree, upon request and as soon as possible, to conclude an agreement regulating specific obligation for Member States of the EU and Syria on readmission, including readmission of nationals of other countries and stateless persons."
56. Inter-Governmental Consultations for Asylum, Refugee and Migration Policies in Europe, North America and Australia, Report on Readmission Agreements, Geneva, Switzerland, January 2002, p. 10.
57. 'Readmission Agreements', Commission Press Release, 05.10.2005.
58. Council Press Release: Readmission Agreements, MEMO/05/351. 05.10.2005.
59. Commission Communication: Priority actions for responding to the challenges of migration: First follow-up to Hampton Court COM(2005) 621 final, 20.11.2005, pp. 8-9.
60. Agreement between the Republic of Albania and, the European Community on the Readmission of Persons Residing without Authorisation', COM(2004) 92, 12.02.2004, Article 22 (3).
61. Readmission Agreement between the European Community and, the Russian Federation, 31.03.2006, Article 23 (3).
62. "Moscow hopes for abolition of visas by 2008 - Goodwill for progress on visa facilitation and readmission of illegal immigrants", Brussels, 01.03.2005.
63. Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, A6-0214/2005, 22.06.2005, p. 6.
64. Communication from the Commission on the monitoring and evaluation mechanism of the third, countries in the field of the fight against illegal immigration, COM(2005) 3,52 final, 28.07.2005, p. 6.
65. Inter-Governmental Consultations for Asylum, Refugee and Migration Policies in Europe, North America and Australia, Report on Readmission Agreements, Geneva, January 2002, p. 22.
66. Agence Europe, Commission prepares to initiate infringement proceedings against Germany for bilateral agreement on re-entry signed with China, Brussels, 15.09.2003.
67. Rodier, Claire, Analyse de la dimension externe des politiques d'asile et d'immigration de l'UE - synthèse et recommandations: Etude pour le Parlement européen, June 2006, p. 19.
68. OXFAM, Territoire inexploré : l'internationalisation de la apolitique d'asile de l'UE, Londres 2005.
69. Commission Mission Report, Visit to Ceuta and Melilla -Mission Report: Technical mission to Morocco on illegal immigration, Brussels, 11.10.2005, Article 5.1.2.
70. Shahid, Zia, Iqbal, 'EU wants early readmission pact with Islamabad', The News International, Pakistan/Brussels 26.05.2004.
71. Apap, Joanna, Carrera, Sergio and Kirişci, Kemal, Turkey in the European Area of Freedom, Security and Justice, Centre for European Policy Studies, EU-Turkey Working Papers, No. 3, August 2004, available on www.ceps.be in part. 23-26.
72. Schieffer, Martin, 'Community Readmission Agreements with Third Countries - Objectives, Substance and Current State of Negotiations', European Journal of Migration and Law 3, 2003, p. 355.
73. Communication from the Commission on the monitoring and evaluation mechanism of the third, countries in the field of the fight against illegal immigration, COM(2005) 352 final, 28.07.2005, p. 6.
74. EC 'accusation of delaying readmission agreement', Ukranian News Agency, 10.05.2006.
75. Commission Communication, 'Integrating Migration Issues in the European Union's Relations with Third Countries', IP/02/1793, 03.12.2002.
76. Commission Communication on a Community Return Policy on Illegal Residents, COM (2002) 564 final, Brussels, 14.10.2002, 2.5.2.
77. Agreement between the Republic of Poland and the governments of Belgium, Germany, France, Italy, Luxembourg and the Netherlands on Readmission of Illegal Aliens, 29 March 1991.
78. Agreement between Germany and Poland, on Cooperation Regarding the Effects of Migratory Movements, 7 May 1993;
79. Agreement between Germany and the Czech Republic on Cooperation Regarding the Effects of Migratory Movements, 3 November 1994.
80. Lavenex, Sandra, and Uçarer, Emek M. 'Modes and Consequences of Migration Policy Transfer', in Lavenex and Uçarer, Migration and the Externalities of European Integration, (Oxford,: Lexington Books, 2002), p. 213;
81. and Grabbe, Heather, 'Stabilizing the East While Keeping Out the Easterners: Internal and External Security Logics in Conflict', pp. 91-104.
82. Bouteillet-Paquet, Daphne, '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 5, 2003, p. 364.
83. Ibid. 214.
84. Agence Europe, Signing of readmission agreement with Macao -signature with Sri Lanka expected in November, launch of infringement proceedings against Germany for agreement with China, Brussels, 15.10.2003.
85. European Commission Communication, Integrating Migration Issues in the European Union's Relations with Third Countries, IP/02/1793, 03.12.2002, Article 11.
86. European Commission Green Paper on a Community Return Policy on Illegal Residents, COM (2002) 175 final, Brussels, 10.04.2002, Article 4.1.1, p. 23.
87. Frattini, Franco. The role of internal security in relations between the EU and its neighbours, SPEECH/06/275 Ministerial Conference, Vienna, 4.05.2006.
88. Eurasylum Interview with Karel Kovanda, EC Special Representative for Readmission Policies on "The foundations, benefits and challenges of the EU Readmission Policy', April 2006.
89. European Commission Communication on the monitoring and evaluation mechanism of the third countries in the field of the fight against illegal immigration, COM(2005) 352 final, 28.07.2005, p. 4.
90. Shahid, Zia Iqbal, 'EU wants early readmission pact with Islamabad', The News International, Pakistan/ Brussels, 26.05.2004.
91. Agence Europe, Commission prepares to initiate infringement proceedings against Germany for bilateral agreement on re-entry signed with China, Brussels, 15.09.2003.
92. Deutsche Press Agentur, 12.10.2006.
93. 'Spain in Senegal migration deal', BBC.com 11.10.2006 http://news.bbc.co.uk/2/hi/africa/6039624.stm.
94. Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, A6-0214/2005, 22.06.2005, p. 7.
95. Schieffer, p. 356.
96. Eurasylum Interview with Karel Kovanda, EC Special Representative for Readmission Policies on "The foundations, benefits and challenges of the EU Readmission Policy', April 2006.
97. Conclusions from the Council on Cooperation with third countries of origin and transit to jointly combat illegal immigration. 15292/03, 25.11.2003, Background Article 1.
98. Conclusions from the Council on Cooperation with third countries of origin and transit to jointly combat illegal immigration, 9917/3/02 final, 18.06.2002, Articles 10-12.
99. 18 June 2002, Conclusions on Cooperation with third countries of origin and transit to jointly combat illegal immigration and its 27 October 2004 Conclusions on the priorities for the successful development of a common readmission policy, Articles 8-12.
100. Embassy of Malta, Tripoli, Press Release, 30.09.2006.
101. Cassarino, Jean-Pierre, 'The EU Return Policy: Premises and. Implications', http://www.mirem.eu/ politics/eu-return-policy, 28.05.2006.
102. Commission Green Paper on a Community Return Policy on Illegal Residents, COM (2002) 175 final, Brussels, 10.04.2002 Article 4.2, p. 24.
103. Council Conclusions on the priorities for the successful development of a common readmission policy, 13758/04, 27.10.2004, Paragraph 1.
104. Cassarino, jean-Pierre, "The EU Return Policy: Premises and Implications', http://www. mirem.eu/politics/eu-return-policy, 28.05.2006.
105. Rodier, p. 16.
106. Commission Green Paper on a Community Return Policy on Illegal Residents, COM (2002) 175 final, Brussels, 10.04.2002, Article 4.2, p. 24.
107. Ibid
108. Regulation (EC) No 491/2004 of the European Parliament and of the Council of 10 March 2004 'establishing a programme for financial and technical assistance to third, countries in the areas of migration and asylum (AENEAS)', Article 4.
109. Commission Communication on 'Migration and Development: Some concrete orientations', Brussels, COM(2005) 390 final, 1.09.2005, Annex 1, Article 2 and 3, pp. 12-13.
110. Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, A6-0214/2005, 22.06.2005, p. 7.
111. Multi-annual Programme, 'The Hague Programme; strengthening freedom, security and justice in the European Union', 13302/1/04 REV 1 JAI 370, 15.10.2004, Article 1.6.1.
112. Report on the proposal for a Council decision concerning the conclusion of the Agreement between the European Community and the Republic of Albania on the readmission of persons residing without authorisation, A6-0214/2005, 22.06.2005, p. 7.
113. Commission Green Paper on a Community Return Policy on Illegal Residents, COM (2002) 1.75 final, Brussels, 10.04.2002, p. 23.
114. Cassarino, Jean-Pierre, "The EU Return Policy: Premises and Implications', http://www.mirem.eu/politics/eu-return-policy, 28.05.2006.
115. Danish Delegation to the Council Migration Working Party (Expulsion), Readmission Agreements concerning third-country nationals, Brussels, 7669/99, 26.04.99, pp. 6-8, http://register.consilium.eu.int/pdf/en/99/st07/ 07669en9.pdf
116. 'Unsafe' countries of origin to which the EU could hardly return irregular migrants in the near or distant future, such as Afghanistan, Iraq, Iran, Libya, Syria or Turkmenistan, were not included.
117. See the Draft Proposal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals, COM(2005) 391 final, 1.09.2005, http://eur-lex. europa.eu/LexUriServ/site/en/ com/2005/com2005_0391en01.pdf
118. "Spain halts Senegal deportations," BBC News, 1 June 2006 http://news.bbc.co.Uk/1/hi/world/ africa/5037808.stm.