This paper aims to analyze the administrative capacities of local units for the integration of migrants in conventionally non‐immigrant countries and examine the association between the quality of ...local governance, sustainable development, and integration. The empirical case study was conducted on Croatia, which in recent years has experienced a modest increase in the number of migrants. The survey was conducted in eight cities in Croatia, which have undergone or expected to undergo the integration of refugees and migrants. The administrative capacities were analyzed in terms of four issues that are considered crucial to integration policy: delivery, regulatory, coordination, and analytical capacities. The findings reveal that local administrative capacities must be developed to respond to the individual needs of migrants.
This paper explores the demand for performance information by members of the Croatian Parliament, and the supply thereof by the Croatian public administration. The research consists of data content ...analysis of parliamentary questions and answers in the first six months of 2015. The results show that the demand for performance information by MPs is lower than its supply by the administration. The MPs' personal characteristics have an influence on the demand for performance information since higher demand is shown by those belonging to opposition parties, while those most experienced politically are the ones requesting least information. The influence of MPs' education on the demand for performance information is not unequivocal. Two issues are further discussed: development of the performance management system and an increase in the power of executives, which can be a result of the Europeanization process. Keywords: performance information, demand, supply, MPs, Croatia.
Europska unija, kao i druge zemlje na Balkanskoj ruti migracija, bilježi veliko povećanje broja osoba koje traže azil. Paralelno s povećanjem broja izbjeglica koje pokušavaju ući na teritorij EU-a ...pooštravaju se mjere za upravljanje migracijama, a pravo na azil na razini država članica sve se restriktivnije tumači. Traženje zaštite od proganjanja postaje razlogom za zatvaranje granica i onemogućivanje pristupa teritoriju i sustavu azila. No pristup sustavu azila prvi je korak u ostvarivanju prava na azil kako je ono zajamčeno međunarodnim, europskim i nacionalnim pravom. Osim omogućivanja pristupa teritoriju i sustavu azila koji implicira obvezu država na prihvaćanje izbjeglica kako bi se u pravičnom i učinkovitom postupku utvrdila potreba za međunarodnom zaštitom, države su dužne poštovati načelo zabrane vraćanja (non-refoulement). Razjašnjavanje povezanosti omogućivanja pristupa sustavu azila i zaštite načela zabrane vraćanja svrha je ovog rada. Analiza u radu izvedena je pravnodogmatskom metodom istraživanja i tumačenja pravnih akata i drugih izvora prava te relevantnih preporuka i dokumenata UNHCR-a. Polazi se od pretpostavke da se bez omogućivanja pristupa teritoriju i sustavu azila ne može poštovati načelo zabrane vraćanja. Osim iz međunarodnoga izbjegličkog prava i doktrinarnih tumačenja to proizlazi i iz prakse Europskog suda za ljudska prava u pogledu zabrane mučenja ili drugoga nečovječnog postupanja ili kažnjavanja zajamčene Konvencijom za zaštitu ljudskih prava i temeljnih sloboda. Zaključuje se da kada razmatraju uvođenje novih mjera za upravljanje migracijskim kretanjima, države moraju uzeti u obzir međunarodne i europske standarde u pogledu zaštite načela zabrane vraćanja.
The main purpose of the paper is to analyse the mechanisms of Europeanization and the EU instruments of influence on public policies of candidate countries, using the example of asylum policy. In ...addition to analysing the instruments and mechanisms of the Europeanization of the Croatian asylum system, the paper includes an overview of EU influence on the asylum policies of candidate countries during the EU Eastern enlargement in 2004 and 2007. The research is based on an overview of literature on Europeanization and legislative and other documents adopted during the process of Croatian accession to the EU. The results indicate that in the context of the Croatian asylum system, the EU used the same instruments of influence as during the Eastern enlargement. In this sense, the Europeanization instruments of the Croatian asylum system differ from those of the other Southeastern European countries also participating in the Stabilization and Accession Process, for which the EU uses additional instruments of influence. With regard to the mechanisms of Europeanization, it is concluded that the transfer of the European model, in addition to accession conditionality, has also been accepted voluntarily, by socialization understood as diffusion and change of norms and understanding throughout the process of imitation and learning.
The number of forcibly displaced persons in the world is on the rise, and the escalation of the conflict in the territory of Ukraine has contributed significantly to this increase. According to UNHCR ...estimates, more than 6.8 million people fled from Ukraine to European countries, and more than 6.6 million were displaced within Ukraine itself. The greatest burden of caring for displaced persons from Ukraine is borne by the neighbouring countries. The situation caused strong condemnations of Russian aggression and widespread expressions of solidarity with the humanitarian disaster, both in the EU and in the Republic of Croatia.In order to provide shelter and support to displaced persons, states have to use numerous resources of their national public administrations. The ability of a public administration to manage the reception and care of a large number of displaced persons can be viewed through the prism of administrative capacity, understood as a set of skills and competencies that a public administration acquires and uses in its work in order to facilitate and contribute to solving problems at the level of the entire administrative system or individual administrative organisations. In the context of the discussion about the problem-solving capacity of state and non-state actors involved in governance, Lodge and Wegrich (2014) consider the ways of using state resources and their connection with administrative capacities. For this purpose, they distinguish between four types of administrative capacity – regulatory, delivery, coordination and analytical. The paper analyses the response of Croatia to the mass influx of displaced persons from Ukraine since the escalation of the conflict in February 2022. The analysis was based on the concept of administrative capacity, applied to the reception and care of a large number of persons in humanitarian crises, and on the obligations of Croatia under the EU Temporary Protection Directive. This Directive regulates various obligations of EU member states in the event of the activation of temporary protection and the provision of a number of rights to displaced persons for the duration of the protection. The subjects of analysis are policy documents, regulations governing this area and the practice of public authorities. The paper is divided into four parts. The introductory part provides a general overview of the situation and statistical data on the number of people displaced from Ukraine, as well as an overview of the temporary protection institute as governed by EU regulations. It also states the purpose, subject and expected contribution of the paper.The second part provides a brief overview of the legal regulation of temporary pro¬tection in the context of the Croatian asylum system and analyses Croatia’s approach to aggression against Ukraine based on the most important documents of the key branches of government, the Croatian Parliament and the Government of the Repub¬lic of Croatia. Temporary protection is regulated within the framework of the Act on International and Temporary Protection, i.e., it is included as a kind of third form of protection within the asylum system. In practice, however, since the beginning of the acceptance of displaced persons from Ukraine, a clear distinction has been made according to the system of international protection (including asylum and subsidiary protection), both in terms of simplifying procedures and in relation to the authorities competent for coordinating the temporary protection system.The central part of the paper provides an overview of the administrative capacities of the Croatian public administration (at state and local levels) for implementing the legal institute of temporary protection in practice. Regulatory capacity refers to the ability to make timely decisions, regulations, strategic documents and other general and individual acts, at the state and local level, and the use of various instruments for better regulation. The results indicate that the regulatory framework in Croa¬tia was established in a remarkably short time, based on the coordinated action of key stakeholders who were tasked with implementing measures for the reception and care of displaced persons from Ukraine. Competent ministries timely and adequately informed the bodies under their jurisdiction about the content and implementation method of measures for the successful reception and care of displaced persons, issued decisions and instructions, and tasked other state administration bodies to regulate more closely the area of their activities related to the reception and care of displaced persons from Ukraine. Delivery capacities refer to the provi¬sion of services in certain sectors, that is, the implementation of certain rights from the scope of temporary protection in practice. The paper showed that, in a very short period of time, the competent ministries sent operational instructions to their de¬partments involved in the implementation of measures related to the reception and care of persons under temporary protection. The website “Croatia for Ukraine” was established in order to provide general information to displaced persons, stakeholders involved in the reception and care system, as well as citizens. Besides, a number of local self-government units took various additional measures to facilitate the re¬ception and stay of displaced persons in their communities. Coordination capacity includes connection and cooperation between various sectors (horizontal) and levels of government – local, regional, central, and European (vertical). Very quickly, various coordination mechanisms were established, which laid the basis for the efficient implementation of measures for the reception and care of displaced persons. Ana¬lytical capacity refers to the ability of a public administration to evaluate its system, predict future development and, as much as possible, supervise the implementation, data collection and development of mechanisms for planning, monitoring and evaluating the results of public policies and comparing achieved and planned goals and measures. The conflict in Ukraine and the consequent flight of the population is of a crisis nature, so it is not possible to fully predict the extent of the capacity to receive and care for people because it is not possible to foresee the number of people who will request temporary protection in Croatia, or the duration of the conflict, i.e., the dynamics of the return of displaced people to Ukraine or their departure to other EU member states. Furthermore, the relatively short period of time that passed from the escalation of the conflict to the moment of writing this paper affects the possibility of evaluating planned and achieved goals and measures. Therefore, the analytical capacity is analysed in relation to the following indicators: the collection and availability of statistical data on the number of displaced persons, the relationship between the influx of persons and the preparation of accommodation facilities, and the evaluation of the achievement of goals and measures based on the awareness of displaced persons about the rights granted under temporary protection and problems in exercising those rights.The fourth part includes concluding considerations. It is concluded that the admin¬istrative capacities of the Croatian public administration for implementation, regula¬tion and coordination proved to be sufficient for a timely and appropriate response to this type of humanitarian crisis. However, considering that only a few months have passed since the activation of temporary protection, it is too early to draw conclusions about the connection between the planned goals and measures and their practical delivery as monitoring and evaluation mechanisms are generally less developed in the Croatian public administration. It is concluded that several factors contributed to the quick and effective action of the competent authorities: solidarity with Ukraine and condemnation of Russia by all political bodies in Croatia and the EU, the proximity of the conflict, the demographic similarity of displaced persons and the local population, the experience of the Croatian War of Independence, and the general support of the Croatian citizens for helping displaced persons.
Osnovna je svrha rada analiza mehanizama europeizacije i instrumenata kojima Europska unija utjece na javne politike drzava kandidatkinja za punopravno clanstvo u Uniji, na primjeru sustava azila. Uz ...prikaz utjecaja EU-a na nacionalne sustave azila drzava koje su postale njezinim clanicama prilikom tzv. istocnoga prosirenja 2004. i 2007. godine, u radu se analiziraju instrumenti i mehanizmi procesa europeizacije hrvatskoga sustava azila. Istrazivanje u radu provedeno je analizom domace i strane literature o procesu europeizacije te zakonodavnih i drugih dokumenata donesenih u procesu pridruzivanja RH Uniji. Na temelju analize izveden je zakljucak kako se EU u odnosu na razvoj i mijenjanje hrvatskoga sustava azila sluzio istim instrumentima uvjetovanosti kao i prilikom istocnoga prosirenja. Instrumenti europeizacije hrvatskoga sustava razlikuju se od ostalih zemalja Jugoistocne Europe ukljucenih u Proces stabilizacije i pridruzivanja, za koje EU rabi dodatne instrumente utjecaja. U vezi s mehanizmima europeizacije zakljucuje se da je u odnosu na hrvatski sustav azila, uz uvjetovanost, do prijenosa europskoga modela doslo i dobrovoljno, odnosno socijalizacijom shvacenom kao sirenje i promjena normi i shvacanja u procesima oponasanja i ucenja. Kljucne rijeci: europeizacija, azil, javne politike, politika uvjetovanosti, socijalizacija
Migration patterns in post-socialist Central and Eastern Europe countries were different when compared to old EU member states. During the period after WWII until 1990, those patterns involved ...primarily migration to and from other CEE countries (and the Soviet Union). In former Yugoslavia, a less oppressive regime, together with a high demand for workers in Western European countries, opened up space for rather massive labour emigration during 1960s and 1970s. After the collapse of previous regimes and during the transition period in the 1990s, CEE countries experienced an increase in immigration; however, relatively small numbers of immigrants have been arriving from outside Europe. At the same time, under the EU accession requirements, those countries had to quickly develop migration policies and align their legislation with acquis communautaire on migration and border security. The mass migrations in 2015 and 2016 opened a new chapter regarding migration and asylum governance in CEE countries. Some of them, such as Visegrad countries, strongly opposed the EU initiatives in the area of migration and asylum, which influenced their relations with EU institutions but also other member states. The paper aims to explore the relationship between the transition and Europeanisation on one side, and the development of migration and asylum governance on the other side in CEE countries, based on the path-dependency approach. The paper focuses on the question to what extent (post)socialist factors influence national migration and asylum governance and policies which are at the same time governed by the EU regulatory framework. It is debated whether the effectiveness of the transfer of values and norms relating to migration during the accession process has been replaced by a “national turn” after joining the EU.
Kao rezultat političkih i ekonomskih promjena u svijetu te uključivanja u Europskoj uniji, Hrvatska bilježi pojačani priljev tražitelja azila i neregularnih migranata. Mnoge države sve češće, pa tako ...i Hrvatska, koriste ograničavanje slobode kretanja tražitelja azila i neregularnih migranata kao sredstvo nadzora i odvraćanja. Radi se o mjeri kojom se mogu ograničiti temeljna ljudska prava i slobode. Međunarodni standardi, prvenstveno Smjernice UNHCR-a, stoga upućuju na primjenu blažih mjera od ograničenja slobode kretanja.
Članak daje pregled blažih mjera u međunarodnom, europskom i nacionalnom zakonodavstvu, uz pregled njihova odnosa prema samoj mjeri ograničavanja slobode kretanja. U obzir su uzeti relevantni međunarodni akti, akti Vijeća Europe, praksa Europskoga suda za ljudska prava i pravno neobvezujući međunarodni standardi. Provedena je komparativna analiza četiriju tranzitnih zemalja vanjske granice EU kako bi se pronašli adekvatni prijedlozi za uvođenje i razvoj blažih mjera u Hrvatskoj. U hrvatskom zakonodavstvu analizirane su postojeće zakonodavne odredbe te njihova praktična primjena. Dani su prijedlozi za izmjene Zakona o azilu po pitanju blažih mjera, njihov prijedlog, opis i postupovna jamstva te za primjenu u praksi.
Analiza u radu provedena je pravnodogmatskom metodom istraživanja i tumačenja pravnih akata i drugih pravnih izvora.
Coordination Instruments in Croatian Integration Policy Giljević, Teo; Novak, Goranka Lalić
Hrvatska i Komparativna Javna Uprava = Croatia and Comparative Public Administration,
09/2018, Letnik:
18, Številka:
3
Journal Article, Paper
Odprti dostop
The key question addressed in this paper is that of connecting the institutional setting and planned outcomes of the integration policy with the instruments and types of coordination in the ...government system. Integration policy may be defined as a “wicked problem”, as it is a cross-sectoral issue that concerns the responsibilities of various actors. Integration is not a policy that can develop serendipitously; it needs to be designed and proper instruments of coordination should be developed. It requires coordination across different sectors and tiers of government, with both formal and informal coordination structures and instruments that can be used to facilitate coordinated implementation of policy goals and measures. Croatia has only rather recently started to develop its integration policy. Due to a relatively small number of migrants, the integration policy is primarily targeted at the refugee population. In practice, integration is an inter-departmental task dealt with by different organisations (ministries, agencies) at different governmental levels (national, local) and includes their cooperation with different non-state actors. This is very challenging in the highly fragmented and pluralistic Croatian public administration system, which lacks integrative government capacity, strategic planning, and prioritisation of developed consultative mechanisms. The paper analyses the recently promoted Croatian integration policy in the light of coordination models and instruments. It provides an overview of the types and instruments of coordination in the government system and presents the development of the Croatian migration and integration policy, its institutional setting, and the implementation of integration in practice. Finally, it provides a classification and evaluation of the coordination instruments in the integration policy.
The European Union and other countries on the Balkan route for migrants have recorded a large increase in the number of asylum seekers. In parallel with the increased number of refugees trying to ...enter the territory of the EU, measures for migration management have tightened, and the right to asylum at the level of the Member States has been interpreted more and more restrictive. Search for protection from persecution has become a reason for closing borders and disabling access to territory and asylum system. However, access to asylum system is the first step in the realization of the right to asylum as guaranteed by international, European and national law. In addition to allowing access to territory and asylum system, which implies an obligation of states to accept refugees in order to confirm the need for international protection in a fair and efficient procedure, the states are obliged to respect the principle of non-refoulement. The aim of this paper is to clarify the connection between providing access to asylum system and respect for the principle of non-refoulement. Analysis in the paper was done by legal-dogmatic method of research and interpretation of legal acts and other authorities, as well as of UNHCR relevant recommendations and documents. The assumption is that without the provision of access to territory and asylum system the principle of non-refoulement cannot be respected. Apart from the international refugee law and doctrinal interpretations, it derives from the practice of the European Court of Human Rights regarding the prohibition of torture or other inhuman treatment or punishment guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The conclusion is that the states must take into account international and European standards regarding the protection of the principle of non-refoulement when considering the introduction of new measures to manage migration movements.
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