Repatriation agreement
A readmission agreement , readmission or readmission agreement is an international agreement between two countries, the return , so the deportation (refoulement) or expulsion of illegal immigrants or rejected asylum seekers regulates between two countries. As with the EU readmission agreements, it can also be an agreement between an association of states and another state.
backgrounds
In order to enforce their migration and refugee policy, the destination countries of migration and refugee movements need the possibility of effectively evicting rejected asylum seekers and illegal immigrants.
If the countries of origin are interested in economic and, more generally, political cooperation with the target countries, contracts can be negotiated that will accommodate both sides. For example, the withdrawal of one's own citizens and, in return, the granting of funds for economic and technical development, the promise of visa quotas or the granting of political advantages can be negotiated.
Gerald Knaus , founder of the European Stability Initiative think tank , assumes that the very existence of a readmission agreement inhibits migration and flight, as people know that their journey can end in the country of origin. As an example, he cites that following an agreement between the US and Cuba that gave Cuba better conditions for US visas, the number of boat refugees who set sail for Florida fell dramatically, by over 30,000 a year to 500 a year. Knaus emphasizes that in the interests of an EU migration policy, the EU should conduct similar negotiations with countries such as Nigeria, Senegal and Gambia.
In December 2018, the German government pointed out that the importance of readmission agreements should not be exaggerated. The obligation of all states under international law to take back their own nationals already exists. The success of return measures would ultimately depend on compliance and the practical implementation of such agreements at working level.
National
Within Europe, a number of bilateral return agreements have ceased to exist due to the Schengen Agreement and the provisions of the Dublin Regulation .
The differences between the return agreements between Spain and Italy are striking. While Spain (see Ceuta ) does not have any return agreements, Italy can expel illegal immigrants again if there is no reason for asylum .
In 2012, the European Court of Human Rights declared that a return of the refugees to Tripoli in 2009 as part of the return agreement with Libya had violated the European Convention on Human Rights ( Hirsi case ).
Germany
Germany has concluded return agreements with various countries in Africa and Asia, including Morocco and Algeria . Return agreements also exist with all states of the Western Balkans ( Albania , Bosnia-Herzegovina , Kosovo , Macedonia , Montenegro and Serbia ). At the beginning of August 2018, Germany concluded a return agreement with Spain and in mid-August 2018 with Greece .
EU readmission agreement
EU readmission agreements (EU-RÜA) oblige the contracting parties to readmit their nationals and - under certain conditions - third-country nationals and stateless persons. They also lay down rules for carrying out the return.
EU-RÜA have so far been made with the following states:
| Third country | Come into effect |
|---|---|
| Hong Kong | March 1, 2004 |
| Macau | June 1, 2004 |
| Sri Lanka | May 1, 2005 |
| Albania | May 1, 2006 |
| Russia | June 1, 2007 |
| Ukraine | January 1, 2008 |
| Macedonia | January 1, 2008 |
| Bosnia and Herzegovina | January 1, 2008 |
| Montenegro | January 1, 2008 |
| Serbia | January 1, 2008 |
| Moldova | January 1, 2008 |
| Pakistan | December 1, 2010 |
| Armenia | March 1, 2011 |
| Georgia | 1st of January 2014 |
| Azerbaijan | September 1, 2014 |
| Turkey | October 1, 2014 |
| Cape Verde | 1st December 2014 |
EU-RÜA take precedence over bilateral agreements. Accordingly, bilateral agreements only apply insofar as they do not contradict the EU-RÜA and leave the EU-RÜA regulatory gaps.
In the draft of the final declaration of the EU summit in October 2017, it was stated that “all relevant EU policies, instruments and tools” should be mobilized as “levers” to prevent illegal migration and return irregular migrants. Conversely, third countries have demanded visa liberalization and tourism and migration opportunities in negotiations on EU readmission agreements. There have also been reflections on sanctions on the part of the EU states in order to induce third states to cooperate.
literature
- Eberwein, Helgo / Pfleger, Eva: Aliens law for study and practice , LexisNexis, Vienna, 2011, ISBN 978-3-7007-5010-9
See also
- Expulsion under aliens law
- deportation
- EU-Turkey Agreement of March 18, 2016
- Principle of non-refoulement
- Push-back (border) , sending back immigrants close to the border
- Directive 2008/115 / EC (Return Directive)
Web links
- Status of readmission agreements (EU and Germany)
- Swiss readmission agreement in full
Individual evidence
- ↑ Gerald Knaus in conversation with Martin Zagatta: “A signal not to go on a journey in the first place”. In: Deutschlandfunk. July 29, 2017. Retrieved July 30, 2018 .
- ^ "Drucksache19 / 6372", page 2 of the German Bundestag on December 11, 2018
- ↑ n-tv.de:Nach attacks in Cologne, Cabinet exacerbated expulsion law
- ↑ Sueddeutsche.de:Return agreement signed with Kosovo, April 14, 2010
- ^ Migrationsrecht.net: Status of the readmission agreements
- ↑ Deutsche Welle: Germany concludes return agreements with Spain
- ↑ Sueddeutsche.de: Germany and Greece agree on take-back agreements , accessed on August 25, 2018.
- ↑ Return & readmission. European Commission, accessed December 1, 2018 .
- ↑ EU wants to put pressure on developing countries with development policy. In: MiGAZIN. Retrieved September 23, 2018 .
- ↑ Status of the take-back agreement. In: migrationsrecht.net. Retrieved September 23, 2018 .
- ↑ Florian Wolf: Readmission Agreement of the European Union with Third Countries , Universitätsverlag Halle-Wittenberg, 2008, ISBN 978-3-86977-183-0 . Summary .