Original scientific paper
https://doi.org/10.31141/zrpfs.2021.58.141.855
Refugee and migration crisis in the European Union - protection rights of access to the territory or protection of the territory
Tomislav Dagen
orcid.org/0000-0002-0652-2403
; Akademija za umjetnost i kulturu Sveučilišta Josipa Jurja Strossmayera u Osijeku, Osijek, Hrvatska
Marina Čepo
; Akademija za umjetnost i kulturu Sveučilišta Josipa Jurja Strossmayera u Osijeku, Osijek, Hrvatska
Abstract
The refugee and migration crisis, which culminated in 2015 in the European Union, posed numerous security challenges to the Republic of Croatia, and thus normative challenges in terms of legal regulations for managing such a crisis. The relationship between the protection of the refugees when they enter the territory and the protection of the territory has certainly influenced the public policies of the Republic of Croatia, and numerous "violations" of human rights have fallen into the background for the protection of other rights. Sovereignty and protection of territory is the primary need of every society and every meaning of statehood, but does that mean that this goal should be achieved at all costs and with what consequences, ie in the causal relationship of refugee crisis and protection of territory that has supranational importance? Refugee status contains a number of rights that are protected internationally by the Convention relating to the Status of Refugees. Precisely such facts of accepting the international legal obligations of the Republic of Croatia raise the key question of whether and to what extent the international legal obligations of the Republic of Croatia, towards refugees, create a national or European security challenge. Migrants, who joined the refugee wave in 2015, are not holders of the right to asylum and must respect the set European solutions for legal entry and stay in the EU. The distinction between migrants and refugees in this crisis was the biggest problem that created numerous dangers and challenges for Member States, especially border states such as the Republic of Croatia. Therefore, this article will analyze the right to asylum and access to the asylum system in relation to the rights of Member States to protect their own territory for reasons of national security on the example of the Republic of Croatia.
Keywords
refugee and migration crisis; territorial protection; legal and security challenges
Hrčak ID:
262222
URI
Publication date:
7.9.2021.
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