Readmission agreements and the rights of asylum seekers : a European context

Abstract

Readmission agreements have been used for a long time as the foundation upon which the European Union and its Member States could cooperate with third countries on irregular and asylum migration. Besides their important role in the migration control efforts of the EU and its Member States, readmission agreements perform an almost symbolic role as they allow Member States to assert their authority and sovereignty in a region where borders are clearly surmountable. Despite their importance, the effects of readmission agreements on the human rights of the persons readmitted thereunder, such as asylum seekers, are disputed. Some argue that these agreements are simply tools to implement return decisions and are, thus, neutral from a human rights perspective. On the other hand, there are others who argue that readmission agreements form an inseparable and, often, indispensable part of the return process. For this reason, they claim that readmission agreements can also be held responsible for human rights violations that can arise during this process. The work presented here attempts to shed some light on the discussion of the neutrality or otherwise of these instruments. The reason being is that, given the increasing importance attributed to cooperation on readmission by the EU and its Member States in the current migration scenario, an examination of the potential consequences of this cooperation on human rights is not only desirable, it is imperative.