RETURN DECISONS AND HUMAN RIGHTS Sample Clauses

RETURN DECISONS AND HUMAN RIGHTS. The legal instruments of the EU Human Rights framework; the CFR, the ECHR and the general principles of EU Law guard the right to asylum upholding the Principle of Non-Refoulement for the immigrants seeking protection. As the last complementary phase of the return decisions, the EURAs without doubt prevent any possible infringement on human rights. The legal basis of the human rights protection in the EU inhibits the return of the persons in subject to persecution, torture or any other inhuman or human degrading treatment once they enter in the territory of the EU. On the other hand, the massive influx of people arriving into EU territories, hoping protection or better conditions for living in the past last years required more from the EU Return policies. While the Readmission Agreements target to ensure the return and the efficient implementation of the Agreement provisions, the technical and procedural capacity of the obligations strained in the perspective of human rights protection. To start with, the EURAs are procedural agreements, ad hoc they carry out the neutral legal framework in nature which do not favour either of the Contracting Parties. Whereas the main target is to ensure return, enforcements of human rights or any other 240 Xxxxxxx F., Xxxxx I., Xxxxxxxxx B., “Values Versus Security in the External Dimension of the EU Migration Policy: A Case Study on the Readmission Agreements with Russia, the EU and Its Neighbours Values versus Security in European Foreign Policy”, Manchester University Press, 2013, p.205. values may remain in this neutral framework. However, the obligations of the provisions in the EURAs are reciprocal and condition to respect of fundamental rights and freedoms for the both Contracting Parties. When the return decision or asylum application submits, the measures taken for the procedures shift to the Requesting State’s responsibility. The Requesting State must ensure the conditions are fulfilled (determination of illegal entry or relevant application of laws and procedural guarantees) under the readmission obligations for the return decision to be pronounced. The return process must be in compliance with the fundamental rights and particularly with the CFR when implementing XXXX provisions. The application and the implementation of the XXXX provisions is under surveillance of the Joint Readmission Committee (JRC). The monitoring system of EURAs takes place until their task is completed. A post-monitoring system for the re...
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Related to RETURN DECISONS AND HUMAN RIGHTS

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