Nadnacionalna i nacionalna pravna regulacija azila i njegovo korištenje u rješavanju migracijske krize
The Supranational and National Legal Regulation of Asylum and its Usage in the Resolution of the Migrant Crisis

Summary/Abstract: The paper deals with the sources of legal organisation of asylum seeking, its approval and utilization, which are included in legal (and other) acts of supranational and national law. The reason to do this paper is the migrant crisis that is evermore showing itself as mass arrival of migrants, people in motion, who are at the same time asylum seekers, but primarily in the richest and most consolatory countries of the European Union. Besides that, the contemporary European movements in the area of asylum goes into the direction of frequent applications and activities regarding its approval and regulation as a subjective human right and freedom for any person that seeks it, if they are exposed to prosecution, torture and death. The question of whether asylum could at all be enacted as a subjective right under international protection is asked, and with the accomplishment of two goals: a) that the procedure of seeking, approval and utilization is held according to the principles and competent bodies of member states, and only subsidiary in front of competent international bodies, b) that balance is achieved in approvals of asylum in its protection with public interests of states which approve it, especially with regard to national security, etc. The paper attempts to show and systematize the most important supranational and national origins of migrant and asylum law, and through the analysis give some of the answers.

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