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The Competence To Conclude Community Readmission Agreements

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Chapter Summary

This chapter discusses the competence of the European Community to conclude agreements with third countries on the readmission of unauthorised immigrants. The EC attained this competence with the entry into force of the Treaty of Amsterdam on 1 May 1999, although the Treaty does not contain an explicit legal basis. The chapter determines the manner in which this legal basis is derived from Title IV TEC implicitly. It then discusses the controversy over the nature of the Communitys competence in the area of readmission. After establishing that the Communitys competence is in practice shared, the chapter considers whether the common readmission policy complies with the principle of subsidiarity. Finally, it identifies the rules which govern the division of competence between the Community and the Member States.

Keywords: common readmission policy; community readmission agreements; European community member states; European communitys competence; third countries; Title IV TEC; Treaty of Amsterdam



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