The Informalisation of EU Readmission Policy: Eclipsing Human Rights Protection Under the Shadow of Informality and Conditionality

Frasca, Eleonora;et.al.
(2023) European Papers — Vol. 8, n° 2, p. 931-957 (2023)

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The informalisation trend in EU migration law-making is seen most often in EU readmission policy. Informal readmission agreements and multi-purpose agreements which include readmission objectives have multiplied with new third countries involved in the EU external relations on migration, beyond the EU Neighbourhood. In discussing the legal nature of informal agreements, this Article focuses on two main issues. First, the interplay between informal agreements and conditionality, with positive conditionality replaced by negative conditionality in a blind search for effectiveness in the EU return policy. Second, the use of informal agreements to return or push back asylum seekers are the epitome of the EU externalisation strategy. While informality is part and parcel of the EU readmission policy, increasing informalisation has significant unintended long-term effects, both for the European Union as an international organisation with law-making capacity, and for individuals in a field of law – migration – where human rights should be protected rather than frustrated.
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Frasca, E., & et al. (2023). The Informalisation of EU Readmission Policy: Eclipsing Human Rights Protection Under the Shadow of Informality and Conditionality. European Papers, 8(2), 931-957. https://doi.org/10.15166/2499-8249/695 (Original work published 2023)