The practice of informal EU-Third State agreements on the management of migration flows

This paper analyses preliminarily the phases of a progressive informal approach of the policies of readmission of the European Union regarding the management of migration flows. A practice which ultimately removes also the role of the European Parliament and limits the competence of the Court of Justice in the execution of its role in determining legitimacy. Departing from the examination of the principal informal instruments of agreements signed by the European Union and by our country, an analysis is undertaken to show how in order to facilitate the repatriation of third country nationals who illegally accessed the territory of a member State, or else bereft of the necessary documentation are not entitled to reside therein, the EU has adopted simplified partnership agreements of cooperation with non-EU States. The doctrine has highlighted evident criticism with regard to their probable incompatibility with the principles of nonrefoulement and with international community norms related to Human Rights. These evident breaches of human rights associated with the events that have developed around the EU-Turkey Statement and the agreement with Libya would impose more stringent controls, as well as a coordination and review of the informal approach. The conclusion is a shift in paradigm: both the European Union as well as the EU Member States must define a migration policy which is efficient, safe and above all humanitarian.