tag:blogger.com,1999:blog-8704899696538705849.post6278909660068131864..comments2024-03-19T05:11:04.875-07:00Comments on EU Law Analysis: Is the EU-Turkey refugee and migration deal a treaty?Steve Peershttp://www.blogger.com/profile/05869161329197244113noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-8704899696538705849.post-55287931252848021092022-02-17T08:50:29.672-08:002022-02-17T08:50:29.672-08:00This comment has been removed by a blog administrator.sameerhttps://www.blogger.com/profile/18087381427385436767noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-69206284694323652592017-01-31T00:00:29.577-08:002017-01-31T00:00:29.577-08:00The ECJ and ECtHR have not yet spoken on the deal,...The ECJ and ECtHR have not yet spoken on the deal, however. They can certainly rule on the implementation of the statement, even if it is soft law that cannot as such be challenged.Steve Peershttps://www.blogger.com/profile/05869161329197244113noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-81668213230862983752017-01-30T17:35:22.394-08:002017-01-30T17:35:22.394-08:00I consider that the "Statement" is both ...I consider that the "Statement" is both illegal and illegitimate, and is more dangerous than Trump's recent ban on immigration ban since is a covert one, and not open like in US. But US is democracy still because the Court can rule out the executive order by the President himself. While ECJ and ECtHR are silent. Turkey is autocracy (how "irregular migrants"can be resettled in the situation and country which derogated against the minimum human rights guarantees indeterminately and oppresses and represses its own citizens by violation right to life, prohibition on torture and imposing severe restrictions on the right to movement, speech and expression). Therefore, the "statement" is illegal per se since sends back the people to the unsafe country like Turkey. <br />Anonymoushttps://www.blogger.com/profile/12280507678569931427noreply@blogger.comtag:blogger.com,1999:blog-8704899696538705849.post-69295517220244640272016-04-07T10:50:06.142-07:002016-04-07T10:50:06.142-07:00Are your sure that the Statement is only a one sid...Are your sure that the Statement is only a one side declaration not representing also the Turkey position? This is not what arises from the President Tusk declaration after the summit (see here : http://www.consilium.europa.eu/press-releases-pdf/2016/3/40802209682_en_635930019600000000.pdf ). That having been said I could agree that even if it is presented as en EU-Turkey agreement this is not an... EU Agreement (it reminds me the Magritte painting "this is not a pipe"). However I agree with you that it is an agreement from an international law perspective and this explain why Greece has immediately taken some legislative and operational initiatives by accepting also on its territory some Turkish representatives to check the implementation of the agreement on the Greek side. But this agreement has also an impact on the EU legal framework? I think so because (as you highlight) in your article the Head of State and Government of the EU (and behind them the Commission) have taken an international obligation in domain falling in the EU competence by so disregarding the principle of sincere cooperation which should frame the relations between the Member States and the EU institutions as well as the implementation of the democratic principle in the EU because they (and the Commission) have sidelined the only directly elected institution. All in all this is not a good example for an EU which pretend to be trasparent and committed to the better law making principles... Emilio De CapitaniEmiliohttps://www.blogger.com/profile/02708751537538969978noreply@blogger.com