L'interazione tra accordi internazionali dell'Unione europea ed accordi conclusi dagli Stati membri con Stati terzi per il contrasto dell'immigrazione e irregolare

This paper tries to shed light on the interplay between Member States (MSs) agreements and EU agreements concluded with third countries to fight against irregular migration, proposing a general taxonomy of relevant relationships and illustrating some solutions to overcome possible inconsistencies and clashes among the two different sets of rules. To this end, after some introductory remarks (Section 1), the general paradigm governing the interaction of EU agreements with MSs’ agreements adopted in the very same subject-matter is illustrated (Section 2). Then the analysis moves to the application of such a paradigm to the specific context of the migration policy, with particular reference to the return and readmission policy (Section 3), also in the light of the most recent trends showed by relevant practice, which seem to suggest a significant shift by both the Union and its MSs towards a more pragmatic and informal approach (Section 4). The main outcomes of this legal analysis are summarized in Section 5.