The power of human rights norms: understanding Greek non-deportations under the EU-Turkey statement

When migrants cannot be deported, the EU often puts the blame on the non-cooperation of countries of migrants’ origin and transit. This article questions this outward-looking focus by deconstructing the Greek side of the implementation of the 2016 EU-Turkey Statement. It is conceptually informed by literature on how international human rights norms may act as a source of legitimacy and reference point for domestic contestations. Based upon extensive fieldwork in Greece including 30 interviews with key implementers of this policy, we argue that many actors across different governance levels in Greece (from caseworkers to ministerial officials) questioned the appropriateness of fast-tracked returns foreseen by the EU-Turkish Statement. By proactively using human rights norms to get more discretion in their decisions and day-to-day practices, they resisted pressures to render migrants deportable and obstructed the return of those who already had this status. Overall, the article highlights the power of human rights norms for the understanding as to why the EU could not institutionalise a new (and competing) ‘norm to return’ following the signature of an informal international return deal.