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Full-Text Articles in Human Rights Law

Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré Aug 2013

Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between individual EU Member States and third countries, this paper examines whether the implementation of readmission agreements hampers access to protection for asylum-seekers subjected to a return procedure. It concludes that no issue of incompatibility with refugee and human rights law stems from the text of readmission agreements, administrative tools used to articulate the procedures for a smooth return of irregular migrants and rejected refugees to countries of origin or transit. Nonetheless, instances of informal practices of border control, especially in situations of emergency and mass influxes demonstrate how the …


On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré Dec 2012

On Diplomatic Assurances, Memoranda Of Understanding, And Refugee Rights, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré Nov 2012

State Responsibility Beyond Borders: What Legal Basis For Italy's Push-Backs To Libya?, Mariagiulia Giuffré

Mariagiulia Giuffré

This article takes Italy’s widely-debated 2009 push-backs to Libya campaign as a point of reference to address whether bilateral agreements for technical and police cooperation provide the legal foundation for the forced return of intercepted refugees to countries of embarkation. Through a detailed analysis of both the facts and the texts of the published and unpublished bilateral accords, it concludes that, although push-backs do not have a clear legal basis, the agreements between Italy and Libya constitute a fundamental component of the multifaceted legal and political framework underpinning Italy’s practice of interdiction and return. Moreover, by entrusting a non-EU third …


Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré Sep 2012

Bilateral Readmission Agreements And Refugee Rights: From A Critique To A Proposal, Mariagiulia Giuffré

Mariagiulia Giuffré

Against the backdrop of the bilateral cooperation on migration control between EU Member States and third countries, this paper examines whether the implementation of readmission agreements (key tools in this context) hampers access to international protection for asylum seekers subjected to a return procedure. Given that competence in the ‘Area of Freedom, Security, and Justice’ remains shared, the EU and Member States continue to pursue their readmission procedures in parallel. This paper focuses on the bilateral arrangements of individual Member States with third countries, which constitute the bulk of the instruments in this field. It concludes that no issue of …


Key Issues Of The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights And Its Role In Challenging Systematic Poverty, Mariagiulia Giuffré May 2011

Key Issues Of The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights And Its Role In Challenging Systematic Poverty, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré Feb 2011

Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.