Hulme, Benjamin G. (2020) Readmission and the European Union's founding values. PhD thesis, University of Warwick.

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Abstract

In the context of growing threats to its external borders and adherence to its founding values under Art.2 TEU, this thesis examines the extent to which the EU’s readmission policy is congruent with its founding values of respect for the rule of law, human dignity, democracy and human rights. Structured in the theoretical framework of Levinasian ethics, it will be argued that the EU’s readmission policy does not adhere to its founding values.

This thesis first examines the historical development of EU readmission policy, demonstrating its reactive rather than proactive nature as well as how the EU’s growing readmission competence was in recognition that common Member State issues are most effectively tackled at the Union level. It also examines the institutional dynamics at play in the creation of readmission policy, highlighting the tensions between the institutions. It will be argued that readmission policy does not adhere to the common interpretation of separation of competence and subsidiarity. The third chapter examines instances where readmission obligations have been included in mixed agreements.

Turning to the values, this thesis examines the EU’s own understanding of human dignity, human rights, the rule of law and democracy, drawing on a range of international and regional legal sources and literature in order to assess the scope of these values. These values are applied as a lens to aspects of EU readmission policy, from the use of political arrangements interfering with respect for the rule of law and democracy to the possibility of chain-refoulement through the ‘Readmission Network’ violating respect for human rights. In response, this thesis proposes several policy initiatives to remedy these violations.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HN Social history and conditions. Social problems. Social reform J Political Science > JN Political institutions (Europe)
Library of Congress Subject Headings (LCSH):	European Union -- Membership, European Union countries -- Social policy, European Union countries -- Politics and government, Respect for persons -- Law and legislation -- European Union countries, Human rights -- European Union countries, Law -- European Union countries
Official Date:	March 2020
Dates:	Date Event March 2020 UNSPECIFIED
Institution:	University of Warwick
Theses Department:	School of Law
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Kostakopoulou, Theodora
Format of File:	pdf
Extent:	324 leaves : illustrations (some colour)
Language:	eng

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