Readmission agreements and their effects on the rights of migrants: the European model
Dr. Awkil Mohammad Amin
Associate Professor – Faculty of Law and Political Science – University of Bejaia – Algeria
The European Union countries have adopted a strict security policy to deal with the phenomenon of illegal immigration, which is based mainly on the establishment of joint coordination among the States of the Union in order to devote the process of concluding agreements for the repatriation of foreign nationals to their countries of origin or to any other destination, The European Union is currently in the process of monitoring migration and the transfer of foreigners to its territories to organize the forcible return of migrants arriving in European countries who are found to enter or illegally enter their territories after their expiry However, the use of such conventions would affect the legal status of migrants and their enjoyment of the fundamental rights and freedoms guaranteed by many international human rights instruments and conventions, given the comprehensive and coercive nature of the implementation of the repatriation agreements which had direct negative implications for migrants.
On this basis, the aim of this study is to define the theoretical concept of EU conventions on the repatriation of nationals (Readmission agreements), in particular the types of such conventions and the controls and procedures for their implementation, as well as the implications of their application to the basic rights and freedoms of migrants. Such as forced return, expulsion and mass deportation, as well as in detention centers, detention and discriminatory treatment. Thus, the problem of research on the definition of the concept of the European Union’s conventions on the repatriation of nationals and their impact on the basic rights of migrants, which was answered in an analytical manner by dividing the research into two subjects, dealt with the general framework of the EU’s repatriation agreements, The second part is devoted to defining the mechanism and procedures for concluding and implementing the conventions on the repatriation of nationals, and then their implications for the rights of migrants and the position of international bodies. Finally, we concluded that the European Union must respect the human rights guarantees guaranteed to migrants when concluding and implementing such a model, particularly with regard to the prohibition of forcible return of refugees, mass and immediate repatriation or mass detention and discriminatory treatment of migrants, Due to its inability to put a definitive end to the growing rates of this phenomenon and the continuity of its upward spiral without interruption to this day.
Key words: Illegal immigrants, immigrants’ rights, visa, detention, forced return, deportation.