The Informalisation of the EU's External Action in the Field of Migration and Asylum

ISBN-13: 9789462654891 / Angielski / Miękka / 2023 / 346 str.

Eva Kassoti; Narin Idriz

Opis

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. 

The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. 

This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum.

Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

Spis treści

1. Introduction.- Part I. Constitutional Implications.- Chapter 2. EU Readmission Deals and Constitutional Allocation of Powers: Parallel Paths that Need to Cross?.- Chapter 3. The Informalisation of EU Return Policy: A Change of Paradigm in Migration Cooperation with Third Countries- Chapter 4.. Labour Immigration: Can “Soft” Instruments Provide Legal Pathways for Third Country Nationals?.- Chapter 5. The EU Turkey Statement and the Structure of Legal Accountability.- Part II. Human Rights.- Chapter 6.  The Right to Transparency in the External Dimension of EU Migration Policy: Past and Future Secrets?.- Chapter 7. Effective Judicial Protection in the External Dimension of EU’s Migration and Asylum Policy?.- Chapter 8. The Informalisation of Migration Deals and Human Rights People on the Move: Does it Matter?.- Chapter 9.  Adjudicating Asylum as a Technical Matter at the Court of Justice of the European Union: Neglecting Human Rights when the CEAS Appears to be in Jeopardy? .- Chapter 10. “Protection” or “Instrumentalization” of Refugees: Will the European Court of Human Rights Fill in the Gaps in Pushback Cases after the Greece/Turkey Border Events?.- Part III. Impact on Third Countries and Global Implications.- Chapter 11. One Instrument in Search of an Author: Revisiting the Authorship and Legal Nature of the EU-Turkey Statement.- Chapter 12. The Internal Effects of the EU-Turkey Deal on Turkey’s Migration and Asylum System.- Chapter 13. The Global Politics of Refugee Protection and Return: The Case of the Syrian Refugees.- Chapter 14. The “Burden” of Being “Safe”. How Do Informal EU Migration Agreements Affect International Responsibility Sharing?.