Considerations on the legal nature and validity of the EU-Turkey refugee deal 91 SECTION 3. MIGRATION AND THE LAW CONSIDERATIONS ON THE LEGAL NATURE AND VALIDITY OF THE EU-TURKEY REFUGEE DEAL

Constanţa Mătușescu
Equally concerned by migratory crisis, European Union and Turkey have negotiated a number of instruments during the last year, including a Joint Action Plan in October 2015 and a statement on 7 March 2016. The cooperation framework was completed on 18 March 2016, through the adoption of a joint statement, which took effect on 20 March. The EU-Turkey statement of 18 March 2016 appears criticisable for several reasons. The question is, beyond the moral and ethical issues, of the legal nature of
more » ... e legal nature of this document and its legality in accordance with the rules of the European Union law and international law. By making an examination of the applicable provisions of international and European law, international and European jurisprudence and literature, the paper aims to identify the main reasons for that the EU-Turkey statement can be described as treaty, but a treaty whose legality is seriously affected.