Pregledni rad
Alternatives to freedom of movement for asylum seekers in Croatia – situatuion analysis, comparative summary and recommendations de lege ferenda
Goranka Lalić Novak
; Pravni fakultet Sveučilišta u Zagrebu
Marija Gojević-Zrnić
; Pravni fakultet Sveučilišta u Zagrebu
Gligor Radečić
; Pravni fakultet Sveučilišta u Zagrebu
Sažetak
Croatia has witnessed an increased inflow of asylum seekers and irregular migrants as a result of political and economic changes in the world and its approach to the forthcoming EU membership. States increasingly, including Croatia, use detention of asylum seekers and irregular migrants as a means of surveillance and deterrence. Detention is a measure which can limit fundamental rights and freedoms. International standards, primarily UNHCR Guidelines on detention, therefore, suggest the use of alternatives to detention. This paper gives an overview of detention and alternatives to detention in international, European and national legislation. The relevant international acts, acts of the Council of Europe, European Court of Human Rights practice and soft law standards were taken into account. Within the Croatian legislation, the existing legislative provisions and their application in practice were analyzed. Also, a comparative analysis of the four external-boarder countries was made in order to find adequate proposals for the introduction and development of alternatives to detention in Croatia. The analysis was conducted using the legal dogmatic method of research and interpretation of legal acts and other standards. This paper includes proposal, specification, procedural guarantees and use in practice for alternatives to detention of asylum seekers in Croatia.
Ključne riječi
Freedom movement; sylum; asylum seeker
Hrčak ID:
116327
URI
Datum izdavanja:
12.2.2014.
Posjeta: 1.675 *