DIREKTIVA 2008/115/EZ O ZAJEDNIČKIM STANDARDIMA I PROCEDURAMA ZA UDALjENjE DRŽAVLjANA TREĆIH DRŽAVA KOJI NELEGALNO BORAVE NA TERITORIJI EU

Cetinić Marin (Служба Повереника за информације од јавног значаја и заштиту података о личности, Београд), marin.cetinic@gmail.com

The aim of this article is to describe the basic characteristics, the legal basis and the practical application of Directive 2008/115 / EC, which lays down common standards and procedures in EU Member States for the returning illegally staying third-country nationals in a Member State of the European Union. The Directive is an essential instrument in the management of the problem of illegal migrants in the EU. This article deals with some of the most important elements of the Directive and with the analysis of the application of Directive provisions the in the Union Member States. The analysis showed that the Directive has greatly contributed to the harmonization of legislation and the harmonization of law application, but also that a number of solutions from the Directive are not implemented in all Member States or are implemented unevenly due to the different possibilities and interests of individual member states. A major contribution to improved implementation of the directive is given by the Court of Justice of the European Union with its interpretations of issues and aspects that arise in a complex, complicated and sensitive real-world of illegal migration. The impact of the Court of Justice decisions on the positive evolution of the Directive can be clearly seen, however, its consistent implementation in accordance with the basic ideas of human rights of migrants remain as a problem.

Ključne reči: human rights, irregular migrants, the Directive on returning illegally staying migrants, the Court of Justice of European union, legal protection of irregular migrants, non-refoulement principle, the decision on suspension, the decision on detention, voluntary return, harmonization of EU migration policy