Quo vadis? "Once you're born you can no no longer hide" : the human rights concerns of readmission agreements

Abstract

Irregular migration is a becoming a substantial concern on the political agenda of the EU as a whole and of its individual Member States affected by the phenomenon in different degrees. Italy’s geopolitical situation makes it particularly attractive to both clandestine and irregular migration. Taking into account the increasing problem of irregular migration, the pressure on Italy by the EU Member States and by its Community, Italy is consistently seeking to conclude readmission agreement as a tool of return policy and of control of irregular migration. In this it is consistent with the general trend in the EU. Notwithstanding the claimed benefits of readmission agreements in effective execution of expulsion orders, in curbing irregular migration and in establishing cooperation with third countries, human rights concerns have continually been raised concerning the use of readmission agreements. Keeping in mind this situation, the paper aims looks at readmission agreements as a tool of return policy for irregular migrants. Beginning from a theoretical perspective of readmission agreements as merely a neutral tool, it moves to see the way they are used in the EU framework, particularly that of externalisation of Justice and Home Affairs, and the way they are implemented at the Italian national level. The way that the readmission agreements are being used and developed as tools of return policy raises human rights concerns.