DEFINITION AND JURIDICAL STRUCTURE. Every State has the obligation to readmit its own citizens, to provide the right to entry and residence to its citizens as an opinio juris under the principles of international law. This principle does not directly refer to readmit a third country national, or stateless person for the competent State of readmission, unless the person concerned holds an authorized permit. Since the State has the right to decide on the criteria of entry or presence in its boundaries, a person who does not fulfil the conditions to stay or entry, might be subjected to return to the country where they came from. This authorization also gives the State the right to regulate the conditions for expulsion of the unwanted persons. However, to render these decisions of return lawful for the States concerned, the Readmission Agreements set out specific regulations between the Requesting State and the Requested State to readmit for both parties to transduce under their agreement. Simply, the Readmission Agreements ease and set off the return process of the person subjected to readmission, ensure the decisions of the person’s return is applicable, with rendering them lawfully in order to control migration and irregular migration.4 Migration control on the external level in European countries concerns three actors by its nature. The first actor is the State which requests readmission and the second actor is the State which is requested to readmit. The final actor is the person who 3 Convention Implementing the Schengen Agreement, Art. 23(1): “Aliens who do not fulfil or who no longer fulfil the short-stay conditions applicable within the territory of a Contracting Party shall normally be required to leave the territories of the Contracting Parties immediately.” 4 Xxxxx, Xxxxxx, “Readmission agreements: a mechanism for returning irregular migrants Report Committee on Migration, Refugees and Population”, Netherlands, Socialist Group, Council of Europe, 2010. is considered as an irregular migrant or rejected asylum seeker to be readmitted. The notion of the irregular migrant in the EURAs signifies the person present on the territory of a Schengen State who does not fulfil, or no longer fulfils the conditions of entry as set out in EU Regulation 2016/399 (Schengen Borders Code) or other conditions for entry, stay or residence in that State.5 The return decisions might operate in two different ways; voluntary and enforced. The Readmission Agreements might function as incentives to the person ...
