Review article
LIMITATION OF THE FREEDOM OF MOVEMENT FOR AN ASYLUM SEEKER: A PROTECTIVE MEASURE OR PUNISHMENT?
Goranka Lalić Novak
; Faculty of Law in Zagreb
Abstract
The main purpose of the paper is to analyse the issue of detention of asylum seekers, a common practice of many states today. Although states have the right to detain aliens due to illegal entry or stay, according to the international human right law, as well as to the European and national legislation no one shall be subjected to arbitrary arrest, detention or exile. Analysis in the paper is based on the legal method of research and interpretation of legal acts and other sources of law, namely treaties, European legislation (acquis on asylum and related matters and legal acts of the Council of Europe on asylum, in particular the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights) and the Croatian legislation on asylum and aliens. The special attention is given to the analyses of the level of harmonization of Croatian legislation and practice with international and European standards. In line with the conclusion that Croatian legislation is not fully harmonised with these standards, the paper contains proposals de lege ferenda.
Keywords
freedom of movement; asylum; asylum seeker; deprivation of liberty; detention
Hrčak ID:
120948
URI
Publication date:
30.12.2013.
Visits: 2.958 *