Положај ирегуларних миграната у тешком здравственом стању у Европској унији
The position of irregular migrants in serious health conditions in the European Union

Summary/Abstract: The Return Directive adopted by the European Parliament and the council aims to establish common standards in procedures for the return of third country nationals illegally residing in the EU member states. The Directive aims to increase the number of implemented return decisions and establish an effective procedure. However, the Directive also foresees situations when a person cannot be returned due to the risk of violating the principle of non-refoulement. One of these situations is when a person cannot be returned due to their medical condition or lack of health care in their country of origin. In this regard, the author will represent the basic principles of the Return Directive and the practice of the European Court of Human Rights and the Court of Justice of the EU. The paper examines issues related to the regulation of legal status based on the Return Directive and the position of states at the national level. Second, the practice of the Court of Justice of the European Union concerning procedural rights is presented, as well as the implementation of standards at the national level. Based on the analysis of the first question, it can be seen that the Court of Justice of the European Union ruled out the possibility of providing subsidiary protection, pointing out that states do not have the obligation to provide a residence permit, which leaves the possibility of solving the legal status at the national level. The analysis shows the existence of divergent practices in resolving the status of long-term irregularly staying migrants as well as the lack of enabling permanent protection. The second part of the analysis leads to the conclusion that there are positive changes in the improvement of procedural rights. However, they also require an analysis of the non-refoulement principle before issuing a return decision.

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