Report on the Performance of Activities of the National Preventive Mechanism for 2017
In 2017, the consequences of the mass movement of refugees and migrants were still felt in the EU, as
well as in the so-called Balkan route countries. Although by adopting the European Migration
Programme in May 2015, the European Commission tried to alleviate the crisis through urgent
measures, in September the same year there were still mass arrivals for which no member state was
prepared. Transit countries dealt with this issue by opening their borders and organizing further transits,
which violated national and EU legislation, primarily due to lack of registration. This was the reason the
EC initiated a procedure against the RC due to incomplete transposition and implementation of the
Common European Asylum System. Besides, allowing transit through the state territory resulted in the
procedure regarding the status of migrants upon entering the RC in the period of crisis, and the EU
Court of Justice ruled that, according to the Dublin Regulation, allowing entry and transferring migrants
to neighbouring countries was de facto irregular entry. Such ruling, due to the expiry of deadlines and
appeals submitted, did not result in a large number of applicants for international protection who were
returned to the RC under the Dublin Procedure, and thus it did not significantly impact the increase in
the number of applicants in 2017. Namely, out of 677 applications granted based on the Dublin
Procedure, only 249 were returned to Croatia. This decision will certainly be used as a framework for
future procedures in case of major migrant movements, which might not be solved by receiving
migrants and organizing their transfer to the desired destination countries.
Upon scaling down to national legislative frameworks, and thus the Common European Asylum System,
the EC framed its migration policy within the European Migration Programme and four previously
defined pillars that tried to relieve the pressure imposed on the EU member states. It included reducing
motivation for illegal migration, border control, sound common asylum policy and a new policy on legal
migrations, while insisting on relocation and transfer based on solidarity, in order to unburden the states
of first entry, EU member states.
Distribution by relocation proved as a slow and inadequate response, and bringing actions before the
EU Court of Justice against the EU Council's Decision on Relocation shows the resistance of the member
states towards receiving the applicants, which may have a major impact on integration, and even cause
secondary migrations, of forcibly received persons.
Although faced with further insisting on the application of the Dublin Regulation and the principle of
solidarity in the distribution of migrants, i.e. refugees, the competent authorities of the RC still do not
find it necessary to adopt a new migration policy. The key argument is the harmonization of the national
legislation in the area of migration with the EU acquis, by which all the other aspects of contemporary
mixed migratory movements are ignored, especially integration, which is discussed in more detail in the
chapter on discrimination on the grounds of race, ethnicity or colour and national origin.
Applicants for international protection
One of the consequences of migratory movements is the increase in the number of applicants for
international protection in the RC compared to 2015, which also needs to be seen in the context of
amendments to the legal framework. Namely, the Act on International and Temporary Protection
introduces early recognition of the status of applicant for international protection in relation to the
Asylum Act, which begins with the migrant’s expression of intention at the police station, and not after
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