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Readmission Clauses

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Chapter Summary

This chapter discusses a core element of the common readmission policy. The core element of the common readmission policy is to incorporate readmission clauses into other Community or mixed agreements. A readmission clause generally consists of two principal parts. The first is an obligation to readmit own nationals. The second is a political commitment to negotiate a fully-fledged readmission agreement, including an obligation to readmit third country nationals and stateless persons, if so requested by one of the contracting parties to the agreement. The chapter first outlines the development of readmission clauses at the European Community (EC) level since 1995. It then discusses the negotiation of readmission clauses, their practical meaning as instruments for the return and readmission of migrants, and their relevance as part of the common readmission policy. Finally, it considers one specific element of the new migration management clause, regarding the international protection of refugees.

Keywords: common readmission policy; European Community (EC); fully-fledged readmission agreement; international refugee protection; migration management clause; readmission clauses; stateless persons; third country nationals



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