L’Informal International Lawmaking in materia di riammissione: prassi e implicazioni sul rapporto tra diritto internazionale e diritto dell’Unione europea

Abstract

This article explores the articulated regulatory and political framework within which the European Union's choice to prefer the adoption of informal acts instead of traditional instruments of international law, in the external management of immigration has taken form. The existence in European Union practice of informal tools that can be more correctly qualified as informal agreements will be demonstrated taking into account their characteristics, content, and similarities with the EURAs concluded by the European Union with third countries. Reference will be made exclusively to the practice of the European Union, without analyzing the informal instruments adopted in the same field by the Member States. Finally, the study will look at the systemic implications of using informal instruments on the relationship between EU law and international law, also in the light of the principle of autonomy of the EU legal order developed by the CJEU