Guidebook on Treating Migrants
Guidebook on Treating Migrants

Author(s): Miroslava Jelačić Kojić
Subject(s): Politics / Political Sciences, Politics, Sociology, Migration Studies, Asylum, Refugees, Migration as Policy-fields
Published by: CEDEM Centar za Demokratiju i Ljudska Prava
Keywords: Montenegro; Western Balkan; Migrants
Summary/Abstract: Should one put briefly aside the aspirations of the Republic of Montenegro (hereinafter referred to as MNE), as well as those of other Western Balkan countries for the fulfilment of conditions for the full membership in the European Union (hereinafter referred to as the EU), which also comprises reaching the standards in the area of migrations, one can unambiguously see the need for an arranged migration management system, which is important for a country per se. The lack of an adequate system leads to legal uncertainty: possibility for the incidence of serious legal consequences, violations of rights, and most often also the impossibility of ensuring the protection of fundamental human rights of migrants, which leads a country to the risk of potential violations of generally recognized standard and responsibilities before the European Court of Human Rights and other supervisory bodies. On the other side, it poses a great security threat to a country, and not infrequently such migration flows are followed by various forms of organized transnational crime, as well. Many countries have experienced the difficulties in establishing the system which will be able to respond to a migratory flow in an effective and efficient way. The underlying idea is the finding of balance between the interest of a state to exercise its sovereign right, to control its borders and to take care of security, and concurrent observance of international standards for the protection of fundamental human rights.

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