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© Elsa Fernando-Gonzalo, | ISSN: -X (print) - (online)
European Journal of Migration
and Law () –
brill.com/emil
The EU’s Informal Readmission Agreements
with Third Countries on Migration: Effectiveness
over Principles?
Elsa Fernando-Gonzalo | orcid: ---
Associate Lecturer, Department of Public International Law
and International Relations, Faculty of Law, University of Salamanca,
Salamanca, Spain
elsafergon@usal.es
Abstract
Achieving faster and effective returns of irregular migrants is one of the priorities
on the Pact on Migration and Asylum proposed by the European Commission. The
Commission links the effectiveness of return to the enforcement of return decisions,
which, although limited as an analytical benchmark, show that only 30 of return
decisions are successful. To improve this ratio, the EU has recently resorted to informal
readmission agreements or arrangements with third countries. Through these instru-
ments, the process for binding international agreements established in the Treaties is
bypassed. This type of non-binding instrument, generally covered under the ‘soft law’
label, generates major problems for the core principles of the EU legal order of institu-
tional balance, judicial control, and transparency. The aim of this article is to analyse
how these acts affect the three main principles of the legal system in the search for a
more effective readmission policy using two case studies as the arrangements with
Afghanistan and Bangladesh. The article concludes that the avoidance of the three
principles does not result in a higher rate of returns.
Keywords
European Union – return – readmission – soft law – migration policy – Afghanistan –
Bangladesh
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