Francesca De Vittor

States and the European Union Responsibility for the Conclusion and the Execution of Extraterritorial Migration Control 'Agreements'

  • Abstract

Informations and abstract

Keywords: Extraterritorial Border Control; International Agreement; Jurisdiction; Shared Responsibility; Aiding or Assisting; Complicity

This paper focuses on tree deals considered paradigmatic of the contemporary trend of cooperative extraterritorial migration control between European Union, Member States and Third Countries: the Memorandum of Understanding between Italy and Libya, the technical agreement between Italy and Tunisia, and the EU-Turkey Statement. These deals show the shift by both the European Union and Member Stats, among which Italy is taken as an example, towards an informal approach derogating from national and European law rules regarding competence to conclude treaties. After the analysis of the possible impact of such derogation on the legal nature of these deals, issues of responsibility of Italy and European Union for internationally wrongful acts committed by third countries in execution of cooperation agreement are addressed

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