Compliance or Complicity? An Analysis of the EU-Tunisia Deal in the Context of the Externalisation of Migration Control

Abstract

On 23 July 2023, the European Commission concluded a ‘Memorandum of Understanding on a Strategic and Global Partnership with Tunisia’ (MoU), mainly aimed at stemming migration in exchange for strengthened cooperation in other policy areas. The MoU was met with strong criticism from both civil society and institutional bodies such as the European Parliament, the European Ombudsman, and several Member States. Critics fear complicity in the fundamental rights violations of migrants and denounced the informal and opaque approach by the European Commission, while formal avenues were at hand. This article reassesses the conclusion of the MoU and draws an analysis of the MoU from the perspective of human rights compliance as well as democratic and judicial control, while also examining compliance with the European Commission’s obligations. Furthermore, the article puts the MoU in the context of the EU policy trend of externalising migration control through partnerships with third countries.