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 39

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