Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU
The accountability of the EU in external migration management has become increasingly challenging due to the widespread use of informal instruments. Since the Amsterdam Treaty, the EU has exercised this competence mainly through readmission agreements. However, due to the urgency of the post-2015 mi...
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| Format: | Article |
| Language: | English |
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Ankara University
2024-12-01
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| Series: | Ankara Avrupa Çalışmaları Dergisi |
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| Online Access: | https://dergipark.org.tr/tr/download/article-file/3793079 |
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| _version_ | 1832592070513000448 |
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| author | Emriye Özlem Şeker |
| author_facet | Emriye Özlem Şeker |
| author_sort | Emriye Özlem Şeker |
| collection | DOAJ |
| description | The accountability of the EU in external migration management has become increasingly challenging due to the widespread use of informal instruments. Since the Amsterdam Treaty, the EU has exercised this competence mainly through readmission agreements. However, due to the urgency of the post-2015 migration crisis, coupled with the procedural and legal constraints of readmission agreements and the need for flexibility, soft law sources such as the EU-Turkey Statement (2016) have been favoured over hard law sources like readmission agreements. Judicial review of informal instruments has only been tested in the EU-Turkey Statement, where the CJEU dismissed the case at the admissibility stage. This article aims to assess the potential avenues for judicial review of the EU's informal migration instruments. It does so by examining the possible cases under EU law concerning the EU-Tunisia Memorandum of Understanding (2023) from a procedural perspective. It concludes that the current criteria regarding the status of applicants under action for annulment and the difficulty of initiating national proceedings under the preliminary ruling procedure complicate litigation before the CJEU. Therefore, there is an urgent need to reform the procedural rules of the CJEU in light of the ever-increasing use of informal migration instruments. |
| format | Article |
| id | doaj-art-72c4a7d917c14c27be02a1878dea4d60 |
| institution | Kabale University |
| issn | 1303-2518 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Ankara University |
| record_format | Article |
| series | Ankara Avrupa Çalışmaları Dergisi |
| spelling | doaj-art-72c4a7d917c14c27be02a1878dea4d602025-01-21T18:08:09ZengAnkara UniversityAnkara Avrupa Çalışmaları Dergisi1303-25182024-12-0123236139110.32450/aacd.145241945Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoUEmriye Özlem Şeker0https://orcid.org/0000-0003-1584-1219ANKARA ÜNİVERSİTESİ, HUKUK FAKÜLTESİ, ÖZEL HUKUK BÖLÜMÜ, AVRUPA BİRLİĞİ HUKUKU ANABİLİM DALIThe accountability of the EU in external migration management has become increasingly challenging due to the widespread use of informal instruments. Since the Amsterdam Treaty, the EU has exercised this competence mainly through readmission agreements. However, due to the urgency of the post-2015 migration crisis, coupled with the procedural and legal constraints of readmission agreements and the need for flexibility, soft law sources such as the EU-Turkey Statement (2016) have been favoured over hard law sources like readmission agreements. Judicial review of informal instruments has only been tested in the EU-Turkey Statement, where the CJEU dismissed the case at the admissibility stage. This article aims to assess the potential avenues for judicial review of the EU's informal migration instruments. It does so by examining the possible cases under EU law concerning the EU-Tunisia Memorandum of Understanding (2023) from a procedural perspective. It concludes that the current criteria regarding the status of applicants under action for annulment and the difficulty of initiating national proceedings under the preliminary ruling procedure complicate litigation before the CJEU. Therefore, there is an urgent need to reform the procedural rules of the CJEU in light of the ever-increasing use of informal migration instruments.https://dergipark.org.tr/tr/download/article-file/3793079eu migration lawinformalisationsoft lawaccountabilityactions for annulmentab göç hukukuinformelleşmeesnek hukukhukuki sorumlulukiptal davası |
| spellingShingle | Emriye Özlem Şeker Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU Ankara Avrupa Çalışmaları Dergisi eu migration law informalisation soft law accountability actions for annulment ab göç hukuku informelleşme esnek hukuk hukuki sorumluluk iptal davası |
| title | Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU |
| title_full | Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU |
| title_fullStr | Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU |
| title_full_unstemmed | Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU |
| title_short | Judicial Review of the EU's Informal Migration Instruments - Admissibility in the case of the EU-Tunisia MoU |
| title_sort | judicial review of the eu s informal migration instruments admissibility in the case of the eu tunisia mou |
| topic | eu migration law informalisation soft law accountability actions for annulment ab göç hukuku informelleşme esnek hukuk hukuki sorumluluk iptal davası |
| url | https://dergipark.org.tr/tr/download/article-file/3793079 |
| work_keys_str_mv | AT emriyeozlemseker judicialreviewoftheeusinformalmigrationinstrumentsadmissibilityinthecaseoftheeutunisiamou |