Migracijski utjecaj na prihvaćeni normativno-pravni sustav europskih ideala, vrednota i ciljeva, s posebnim osvrtom na ljudska prava i slobode
The Migrational Influence on the Normative–Legal System of European Ideals, Values and Goals, with a Special Overview of Human Rights and Freedoms

Summary/Abstract: Present migrant movements towards and within Europe put to the test the European system of humanitarian approach towards every man in trouble on the one hand, and on the other it seeks the answer of what are the possibilities of Europe, its institutions and member states to ensure and apply the system of values, ideals, goals and freedoms especially basic human and minority rights and freedoms which come out of the system of national and constitutional democracy for migrants that it accepts under its aegis, independent of the status that they have. How much are migrants ready and competent to accept the European system of values, goals, freedoms and ideals which are shared among European citizens, and how much are they opposed to it because of the protection and application of all of the values, goals and ideals that they have merited from their homeland as their ethos and they do not wish to change it nor to adapt to other and different systems of values, ideals and goals, even if it means ghettoization. How does such a situation refer towards the system of European constitutional democracy and the constitutional state rule of the law that is based on it, guarantied human rights and freedoms and minority rights and freedoms without any discrimination? To which degree has the migrant crisis revealed the weaknesses and imperfections of the EU, and to which degree has it caused that or has its surfacing just additionally emphasized it? What are the European answers? Could it be, and to which degree, that the migrants and the crisis are used against the system of values, ideals and goals on which the EU rests? Can the shield of protection of human and minority rights and basic freedoms be used to achieve personal interests, especially when it comes to asylum seeking? Can the asylum be used as an instrument of pressure and a medium of unfair distribution of obligations and burden regarding acceptance, accommodation and care for the migrants? These questions and the problems that arise from them are additionally emphasized if we bear in mind that they have been, until now, regulated differently by supranational and national law, than that what is offered now and seems as a new legal regulation of the common asylum politics that is carried out by the bodies of the EU. These topics and the questions asked are the thematic basis which this paper deals with, seeking and offering basic answers.

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