Il ricorso dell’Unione europea a strumenti informali per la riammissione di migranti irregolari: inquadramento e problematiche giuridiche

In order to ensure the repatriation of illegal migrants who are in the territory of its Member States, the Union uses hard law tools, such as readmission agreements and clauses contained in the cooperation and association agreements stipulated by the Union (and the Member States) with third countries, and soft law instruments, such as framework partnership agreements and other informal but more specific and technical tools, i.e., standard operating procedures and Good Practices and Readmission Arrangements that in fact reproduce the content of some core provisions included in the readmission agreements of the European Union. This paper aims to analyze some of the legal issues raised by those arrangements such as their correct qualification as non-binding tools, the problem of compatibility with the principles of institutional balance, transparency and human rights evaluation and their effect on the division of competences between the EU and Member States.