EU migration law shaping international migration law in the field of expulsion of aliens – the case of the ILC draft articles

Abstract

Abstract. Since the Treaty of Maastricht, EU law has become more open to international law and has engaged with it in different forms of interactions. The influence of EU law on universal law-making has found its way through different legal channels and techniques. The article thoroughly scrutinizes the impact of EU return acquis on the development of the international law governing the 'expulsion of aliens', which can be best analysed through the work of the UN International Law Commission (ILC) on the expulsion of aliens (2004)(2005)(2006)(2007)(2008)(2009)(2010)(2011)(2012)(2013)(2014). The ILC's approach has come a long way from the mere ignorance of EU law and the EU's submissions by the special rapporteur in the early stages of the codification work until it has gradually taking into account major EU migration law concepts in ILC reports and in the draft articles. The 2014 ILC draft articles on the expulsion of aliens have finally been, in many aspects, inspired and influenced by EU law, especially the Return Directive (2008/115/EC). This short piece meticulously explores the inroads EU return law made in relation to the ILC work on the expulsion of aliens, by identifying and critically evaluating the tangible impact of EU law on the UN codification project.

The EU shaping the Global Compact for Safe, Orderly and Regular Migration: the glass half full or half empty?

“…The EU pursues such ambitions in the UN context as well, despite not being a UN member (only enjoying an ‘enhanced observer’ status) 1 . Recent examples of its role as an active player in global migration governance include its contribution to the UN International Law Commission (ILC)'s work on the expulsion of aliens (Molnár, 2017); the conclusion of an increasing number of readmission agreements and arrangements with third countries 2 (for the informal readmission-related EU arrangements with third countries, see Cassarino, 2020); and its ever-closer co-operation with the International Organization for Migration (IOM), the Office of the UN High Commissioner for Refugees (UNHCR) (Beqiraj et al ., 2019) as well as other international organisations dealing with migration management 3 . Although not a state 4 but still a ‘regional integration organisation’, the EU's prominent role in migration issues has been acknowledged, to some extent, by the international community, in a policy field that is fairly state-centric and where state sovereignty's bridgeheads remain strong.…”

Unaccompanied Minors: Worldwide Research Perspectives

“…In addition, Directive 2008/115/EC of the European Parliament and of the Council of December 2008 on standards and procedures in Member States for returning illegally staying third-country nationals, or Return Directive, transposes the principle of non-refoulement for illegal immigrants whose life or liberty is at risk in their countries of return [15]. Nevertheless, it allows the expulsion and repatriation of unaccompanied minors arriving in Community territory, if they are received by their family or guardian or by a reception centre on their return to their country of origin [16,17].…”