Report on the Performance of Activities of the National Preventive Mechanism for 2015
European asylum system and legislation of the Republic of Croatia
In order to fulfil the basic objectives of the EU – establishing of a common market and an
economic and monetary union, it was necessary to open the borders between member states
and establish free movement of goods, services and people. This started with the Schengen
Agreement of 1985, and today there are 26 European countries that are part of the so-called
Schengen Area. This resulted in the problem of migrations and the need to harmonize national
asylum policies, which led to the development of CEAS. The foundation of that system is the
decision of the EU on full implementation of the Convention complemented by the New York
Protocol, which primarily emphasizes the non-refoulment principle, with introduction of
mandatory legal instruments that prescribe minimum standards that members states have to
comply with when adopting national regulations in the field of asylum i.e. international
protection. In this context, directives serve to prescribe common minimum standards, while
member states can choose the most appropriate forms and methods for their implementation
in national systems, unlike the regulations that are directly applicable and fully binding for
member states. The main components of the CEAS have been defined by the Asylum
Procedures Directive, the Reception Conditions Directive (ensuring humane material conditions
of reception and full respect for their fundamental rights), the Qualification Directive, the
Temporary Protection Directive, the Dublin Regulation and the EURODAC Regulation. These
have been complemented by the Return Directive and Long-term Residence Directive, which
deal with legal and illegal migrations. Apart from that, a framework for implementation of the
institute of relocation of citizens of unsafe countries outside the EU or reception of a certain
number of persons from another member state who seek or have been granted international
protection, for the purpose of sharing the load according to the solidarity principle within the
EU, has been adopted.
By accession to the EU, the Republic of Croatia became obligated to harmonize its national
legislation with EU directives and regulations. This has been achieved by the adoption of the
Act on International and Temporary Protection in July 2015 (hereinafter: AITP), which we have
presented in more detail in the chapter about applicants for international protection, irregular
migrants and persons who have been granted international protection.
In order to understand the refugee crisis, the Dublin Regulation is very significant as it
emphasizes the CEAS based on a comprehensive and all-encompassing implementation of the
Convention and New York Protocol, which ensures the respect of the principles of nonrefoulment so signatory states are considered to be safe countries for citizens of non-EU
countries. The Dublin system clearly assigns responsibility to member states to process the
applications for international protection i.e. it prescribes that the primary responsibility for the
evaluation of such applications lies with the member state that played the greatest role in the
entry and stay of the applicant in the EU. The criteria for determining such responsibility move
hierarchically, from family connections to recent holding of a visa or permit to stay in the
member state, including the fact whether the applicant entered the EU illegally or legally. In
that sense, if he/she crossed the border illegally, the country he/she entered that way is
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