engleski

Deficiencies in procedures and power(less) of Member State in the application of European and international standards in international protection proceedings

The procedure for granting international protection in the Member States is based on international and European standards of protection while relying procedurally on national legal solutions. The challenge posed to Member States by the migration and refugee crisis has often ended in violations of the fundamental human rights and freedoms of asylum seekers by applying national provisions instead of international and European provisions. This paper will analyze the basic legal determinations of the asylum institute, as well as the analysis of certaincertain administrative deficiencies in procedures of Croatian courts that were in conflict with international law. The case law of European courts as well as recent constitutional case law and the application of judgments of the European Court of Human Rights will be presented, as well as the principles expressed as standards in international protection (asylum) proceedings. At the end of the paper, certain pro futuro guidelines will be given in the light of the protection of the rights of asylum seekers in the Republic of Croatia.

Asylum, international protection, special administrative procedure, Administrative Courts, administrative deficiencies, Constitutional Court

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