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9 Eur. J. Migration & L. 363 (2007)
EC Readmission Agreements: A Re-Evaluation of the Political Impasse

handle is hein.journals/ejml9 and id is 373 raw text is: MARTINUS Europe NIJHOFF JourlM uof UISHE R S European Journal of Migration and Law 9 (2007) 363-387 of EC Readmission Agreements: A Re-evaluation of the Political Impasse Annabelle Roig Senior European Affairs Officer at the United Nations High Commissioner for Refugees Office in Brussels. Thomas Huddleston Policy Analyst with the Migration Policy Group in Brussels. Abstract The article reviews EU policy on readmission agreements and the state of negotiations, with a specific focus on the issue of the inclusion of non-nationals. It traces how their inclusion has hindered successful negotiations. A review of the limited incentives in the EC's 'package approach' demonstrates that third- country interest is largely dependent on two well-proven incentives: visa facilitation regimes and the attraction of EU membership. Neither of these incentives are available in negotiations with most third countries, particularly with so-called 'immigration problem countries'. As a result, readmission negotia- tions with these countries are likely to remain stalled. Moreover, the article argues that the inclusion of third country nationals goes against the EU's stated objectives of promoting sustainable return and a comprehensive approach to migration management. Keywords Readmission policy; European Neighbourhood Policy; Visa Facilitation; Return policy; non-EU nation- als; countries of transit; irregular migration; negotiation packages 1. Introduction The removal of illegally-staying third country nationals from European Union (EU) territory remains at the top of the political agenda. As a result, the conclu- sion of readmission agreements continues to be a pressing political priority. Bilat- eral or multilateral readmission agreements generally impose reciprocal obligations on the contracting parties to readmit their nationals, and set out technical and operational criteria for this process. Readmission negotiations become more com- plex when agreements are extended to cover persons who are not nationals of the contracting parties, but who transited through the territory of one of the parties en route to the other. *) This article represents the views of the authors and should not be regarded as representating the views of the United Nations, the UNHCR or MPG. The authors of this article wish to thank Judith Kumin heartily for her constant advice and support. Q Koninlijke Brill NV, Leiden, 2007 DOI: 10.1163/138836407X190433

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