Sincere Cooperation between EU and Member States in the Field of Readmission: The More the Merrier?

Abstract

AbstractCooperation with third countries on readmission has occupied an increasingly prominent place in the EU's migration management strategy. The EU and its Member States have progressively concluded an extensive set of bilateral and multilateral, binding and non-binding, cooperation instruments on readmission. This proliferation questions the field's coherence with the principle of sincere cooperation, governing the interplay between the Union's and Member States’ action. By taking this principle as a benchmark, the article highlights the ineffective nature of the current ‘unprincipled’ pursuit of readmission goals. It also demonstrates that sincere cooperation—if read together with subsidiarity—does not necessarily favour the Union's international action, to the detriment of the Member States’. Rather, it requires a good faith effort to identify, and stand by, the most effective level of action.