Return Policies for Irregular Migrants and Rejected Asylum Seekers in Croatia

Lalić Novak, Goranka (2024) Return Policies for Irregular Migrants and Rejected Asylum Seekers in Croatia. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 5 (1). pp. 223-243. ISSN 2732-0707

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Abstract

Croatia acceded to the European Union in 2013 and the Schengen Area in 2023; it is located on the EU’s external border and the so-called Western Balkans irregular migration route, one of the main corridors for migrants travelling to the EU. Over the years, Croatian authorities have developed national immigration policies, including various measures to prevent irregular migration on Croatian territory and protect state borders. Nonetheless, Croatia is still perceived as a transit country and a point of entry into the EU by many irregular migrants and refugees. This paper provides an overview of measures for the return of irregular migrants and rejected asylum seekers in Croatia. In addition to discussing the most relevant legislation regulating return policies, the paper presents available statistical data on the work of the relevant Croatian authorities (the Ministry of Interior and courts). It analyses current practices of administrative and constitutional courts, as well as some actions taken by the European Court of Human Rights against Croatia. It concludes with some general comments on Croatia’s return policy. The analyses of legislation, mainly the Aliens Act and to some extent, the International and Temporary Protection Act, shows that Croatia has regulated in detail different measures within its return policies. This legislation aligns with the EU and Schengen acquis communautaire, and provides different safeguards for vulnerable groups of migrants. Legal remedies and judicial protection are guaranteed by the relevant law. However, in practice there are certain shortcomings that need to be addressed.

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