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Legitimate Return and Alternatives to Return (working paper)

Year: 2024
Type: article
Abstract: The FAiR (Finding Agreement in Return) project seeks to enhance the effectiveness and legitimacy of return and readmission policies in Europe by clarifying foundational concepts. The central thesis of FAiR emphasizes legitimacy as a critical element for both improving return policies and exploring alternatives for individuals who cannot be returned. This working paper aims to define key terms—enforced return, alternatives to return, legitimacy and legitimate return—to foster precise communication and coordination among researchers and stakeholders, ultimately translating to impactful policy recommendations. Key definitions:- Enforced Return: Defined as situations where individuals are compelled to leave a country due to state actions, which may involve hard power (force) or soft power (encouragement or persuasion). This concept is integral to all FAiR work packages, particularly WP8, which measures instances of enforced return.- Alternatives to Return: Refers to strategies implemented instead of enforced return, encompassing both positive and negative measures, such as detention or institutional abandonment. The relevance of this term spans multiple work packages, with a particular focus on WP6.- Legitimacy: A multidimensional concept involving legal, sociological and ethical aspects, assessed from the perspectives of various audiences, including intra-state (European citizens and deportable immigrants), inter-state (third states and their officials), and transboundary (returnees, NGOs, civil society organizations). Legitimacy is crucial across all work packages, influencing cooperation and compliance with return frameworks, as explored in WP3, WP4, WP5, WP6, WP7, and WP8.- Legitimate return: Defined from a legal, sociological and ethical perspectives. From a legal angle, a return is legitimate if it adheres to codified legal rules. From a sociological angle, a return is legitimate when it resonates with widespread values, beliefs, and social norms in the affected societies, including both the host country and the country of return. From an ethical angle, a return is legitimate if it aligns with broader ethical considerations that transcend legal obligations and widespread social acceptance. The paper also addresses the ethical dilemmas inherent in return policies, advocating for strategies that balance effectiveness with humanity and justice. Ethical considerations are essential for creating policies that respect individual rights and dignity while addressing state concerns, ensuring long-term acceptance and success. This working paper provides a foundational roadmap for FAiR, defining critical concepts to ensure coordinated research and impactful policy development. By clarifying terms and addressing ethical dilemmas, FAiR aims to promote legitimate, humane, and effective return and alternative policies, fostering cooperation and compliance among all stakeholders involved.
DOI: 10.5281/zenodo.15274866
Language: English
Open Access status: green
OpenAlex ID: W6930596491
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