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EU Readmission Agreements and Safe Third Country Practices

Berthelsen, Nora LU (2016) JURM02 20162
Department of Law
Abstract
The purpose and aim of this thesis is to examine the EU readmission agreements and how they relate to the safe third country practices of the EU Member States. The focus of the thesis to determine what criteria that needs to be fulfilled for a EU Member State to use the safe third country practices as an inadmissibility ground of a protection claim, and if the EU readmission agreements enable such practice.

The research question that this thesis uses to reach its aim is:
• Do the EU readmission agreements enable the EU Member States’
use of safe third country practices?
Furthermore the thesis uses an additional research question relating to the measuring of the safe third country practices, which is:
• Which criteria need to be... (More)
The purpose and aim of this thesis is to examine the EU readmission agreements and how they relate to the safe third country practices of the EU Member States. The focus of the thesis to determine what criteria that needs to be fulfilled for a EU Member State to use the safe third country practices as an inadmissibility ground of a protection claim, and if the EU readmission agreements enable such practice.

The research question that this thesis uses to reach its aim is:
• Do the EU readmission agreements enable the EU Member States’
use of safe third country practices?
Furthermore the thesis uses an additional research question relating to the measuring of the safe third country practices, which is:
• Which criteria need to be fulfilled for a EU Member State to use safe third country practices?

To answer these questions I have used the sources of international and EU law, to determine the scope of relevant rules such as the principle of non- refoulement. The status and legality of the use of safe third country practices and readmission agreements in international and EU law have also been determined through using the sources of international and EU law. Furthermore I have used the EU-Turkey readmission agreement to illustrate how a specific readmission agreement is structured. Lastly I have used literature on the subject to bring forth criticism of both safe third country practices and the use of readmission agreements.

The conclusion of this thesis is that deeming a country safe through the criteria of there existing effective protection is up to the individual Member State, and thus not something that is enabled by the EU readmission agreements. The two other criteria relating to the safe third country practices in international law – the link between the migrant and the third country, and the consent of that third country to readmit the migrant – are on the other hand furthered by the existence of an EU readmission agreement which clearly determines the existence of a link and the consent of that third country. (Less)
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author
Berthelsen, Nora LU
supervisor
organization
course
JURM02 20162
year
type
H3 - Professional qualifications (4 Years - )
subject
keywords
EU Law, public international law, migration law
language
English
id
8897066
date added to LUP
2017-01-22 12:29:01
date last changed
2017-01-22 12:29:01
@misc{8897066,
  abstract     = {The purpose and aim of this thesis is to examine the EU readmission agreements and how they relate to the safe third country practices of the EU Member States. The focus of the thesis to determine what criteria that needs to be fulfilled for a EU Member State to use the safe third country practices as an inadmissibility ground of a protection claim, and if the EU readmission agreements enable such practice.

The research question that this thesis uses to reach its aim is:
• Do the EU readmission agreements enable the EU Member States’
use of safe third country practices?
Furthermore the thesis uses an additional research question relating to the measuring of the safe third country practices, which is:
• Which criteria need to be fulfilled for a EU Member State to use safe third country practices?

To answer these questions I have used the sources of international and EU law, to determine the scope of relevant rules such as the principle of non- refoulement. The status and legality of the use of safe third country practices and readmission agreements in international and EU law have also been determined through using the sources of international and EU law. Furthermore I have used the EU-Turkey readmission agreement to illustrate how a specific readmission agreement is structured. Lastly I have used literature on the subject to bring forth criticism of both safe third country practices and the use of readmission agreements.

The conclusion of this thesis is that deeming a country safe through the criteria of there existing effective protection is up to the individual Member State, and thus not something that is enabled by the EU readmission agreements. The two other criteria relating to the safe third country practices in international law – the link between the migrant and the third country, and the consent of that third country to readmit the migrant – are on the other hand furthered by the existence of an EU readmission agreement which clearly determines the existence of a link and the consent of that third country.},
  author       = {Berthelsen, Nora},
  keyword      = {EU Law,public international law,migration law},
  language     = {eng},
  note         = {Student Paper},
  title        = {EU Readmission Agreements and Safe Third Country Practices},
  year         = {2016},
}