Brexit e accordi di riammissione dell’Unione europea

Abstract

The effects of Brexit on the application of the EU readmission agreements can be examined first from the point of view of the relationship between the UK and the Member States. With regard to the readmission of citizens of Member States and the UK in their mutual relations, the readmission obligation deriving from general international law remains where the necessary conditions are met, given the absence of relevant agreements. As regards the relations with third States that are parties to the EU readmission agreements, the mentioned agreements will continue to be applied in the Member States, but could possibly no longer be applied in the UK, although the readmission obligation under customary international law continues to apply. The application to the UK of the content of the EC/EU readmission agreements could take place in the case of a manifestation of the coinciding will on the part of the UK and the third States that are interested in giving continuity to the application of said content, to the extent to which they wish to accept it. The relationship between the withdrawal of the UK and the application of the readmission clauses contained in agreements having a different object should be understood in light of the solution one chooses to give to the controversial problem of the effectiveness of those agreements for the UK after the withdrawal. That solution is affected by the multilateral or bilateral qualification of the agreement, as well as the notion of party accepted by the same agreement and the logicalsystematic connection of its clauses.