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Chapter 24: Justice, Freedom and Security

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Chapter 24: Justice, freedom and security EU policies aim to maintain and further develop the Union as an area of freedom, security and justice. On issues such as border control, visas, external migration, asylum, police cooperation, the fight against organised crime and against terrorism, cooperation in the field of drugs, customs cooperation and judicial cooperation in criminal and civil matters, Member States need to be properly equipped to adequately implement the growing framework of common rules. Above all, this requires a strong and well-integrated administrative capacity within the law enforcement agencies and other relevant bodies, which must attain the necessary standards. A professional, reliable and efficient police organisation is of paramount importance. The most detailed part of the EU’s policies on justice, freedom and security is the Schengen acquis, which entails the lifting of internal border controls in the EU. However, for the new Member States substantial parts of the Schengen acquis are implemented following a separate Council Decision to be taken after accession. 1 Migration 1. Please provide information on general immigration policy, as well as legislation or other rules governing migration in your country. Migration policy in the Republic of Serbia is defined in accordance with the achievements of international law in the domain of human protection, proclaimed by agreements between the UN Member States (ratified by our country), such as: Convention on the Status of Stateless Persons (1959), Vienna Convention on Consular Relations (1963), Convention on the Status of Refugees (1963), International Convention on the Elimination of All Forms of Racial Discrimination (1965), International Covenant on Civil and Political Rights (1971), International Covenant on Economic, Social and Cultural Rights (1971) and other conventions. The commitment of Serbia is to harmonize the management of migration flows with standards for regulating problems of foreigners in the European Union and with new trends, applied in developed democratic systems. Accordingly, the latest legal solutions adopted in the field of migration policy, shall take the account of the Schengen Agreement provisions and the provisions of the Convention on Implementing the Schengen Agreement. The values underlying migration management are the following: security of state borders and citizens, respect for human rights of all migrants, facilitating the integration of vulnerable groups of migrants into society, international cooperation developed both with countries in the region and wider, non-discrimination, facilitating family reunification and respect for the needs of all parties concerned. Immigration policy of the Republic of Serbia is defined by the specific situation which occurred on the territory of former SFRY and by disintegration of the state and the creation of new countries, as well as by the inflow of huge number of refugees which the Republic of Serbia accepted during this period, thus changing from predominantly migratory country with a numerous Diaspora abroad to immigration country. Republic of Serbia adopted a series of strategies that provide a framework for further migration policy-making: Strategy for Migration Management (Official Gazette of RS No. 59/09); National Plan for Integration of the Republic of Serbia into the European Union; Strategy on Integrated Border Management in the Republic of Serbia (Official Gazette of RS No. 11/06); National Employment Strategy 2005-2010 (Conclusion of the Serbian government No. 05: 11-2291/2005 of 14 April 2005); National Youth Strategy (Official Gazette of RS No. 55/08); Strategy on Fighting Human Trafficking in the Republic of Serbia (Official Gazette of RS No. 111/2006); Strategy on Combating Illegal Migration in the Republic of Serbia 2009-2014 (Official Gazette of RS No. 25/09); National Strategy on Resolving the Problems of Refugees and Internally Displaced Persons (Conclusion of the Government of the Republic of Serbia 05 No: 02-7778/2002-01 of 30 May 2002); Strategy on Reintegration of Returnees on the basis of Readmission Agreement (Official Gazette of RS No. 15/09); 2 Strategy on Improvement of the Status of Roma in the Republic of Serbia (Official Gazette RS No. 27/09); Strategy on Development of Official Statistics in the Republic of Serbia 2009- 2012 (Official Gazette of RS No. 7/09). Coordinating body for migration, monitoring and management was established by the Decision of the Government of the Republic of Serbia (Official Gazette of RS No13/09), comprising the Ministers of the ministries in charge of certain migration areas. The task of the Coordinating body is to direct the work of ministries and special organizations to define goals and priorities of migration policy and migration monitoring and management. Status, rights and obligations of migrants are regulated by the following laws and acts: The Law on Foreigners (Official Gazette of RS No. 97/08, which entered into force on 4 November 2008, and became operational on 1 April 2009) and the sub- legal acts: 1. Rulebook on more specific conditions and procedure of issuing visas at border crossing points (Official Gazette of RS No 59/09); 2. Rulebook on fulfilment of conditions for granting temporary residence to a foreigner for family reunification (Official Gazette of RS No 59/09); 3. Rulebook on fulfilment of conditions for granting temporary residence to a foreigner in terms of health insurance (Official Gazette of RS No 59/09); 4. Rulebook on the layout of form and content of the travel document for foreigner (Official Gazette of RS No 59/09); 5. Rulebook on the form, content and modality of entry of temporary residence permit into the foreign travel document (Official Gazette of RS No 59/09); 6. Rulebook on method of keeping data register and the content of registry of foreigners in the Ministry of Interior (Official Gazette of RS No 59/09); 7. Rulebook on more specific conditions on the procedure of extending visa validity and the application form (Official Gazette of RS No 59/09); 8. Rulebook on meeting the requirements for granting temporary residence to a foreigner for education, studying or specialisation, scientific research, practical training, participating in international exchange programmes for pupils or students, or other scientific and educational activities (Official Gazette of RS No 59/09); 9. Rulebook on more specific conditions for granting permanent residence and on the form, contents and the modality of entry of permanent residence permit into the foreign travel document and identity card and on the form of the statement on renunciation of the right to permanent residence (Official Gazette of RS No 59/09); 10. Rulebook on more specific conditions on registration of foreigners’ place of temporary and permanent residence, change of address and termination of permanent residence (Official Gazette of RS No 59/09); 11. Rulebook on modality of recording termination of residence and prohibition of entry into the country, in the foreign travel document (Official Gazette of RS No 59/09); 3 12. Rulebook on the modality of entry of mandatory stay into the foreign travel document and on the layout of the temporary identity card (Official Gazette of RS No 66/09); 13. Rulebook on layout of the form, its content and the modality of issuing identity card for a foreigner (Official Gazette of RS No 66/09); 14. Regulation on more specific conditions for rejecting the foreigner’s entry into the Republic of Serbia (Official Gazette of RS No. 75/09); Decision on the countries whose citizens may enter the Republic of Serbia with a valid identity card (OG of RS No. 38/10). The Law on Asylum (Official Gazette of RS No. 109/07) and regulations: 1. Rulebook on the House Rules of the Asylum Centre (Official Gazette of RS No. 31/08) and 2. Rulebook on the method of keeping data register and the contents of registry of persons accommodated at the Asylum Centre (Official Gazette of RS No. 31/08); 3. Regulation on social assistance for persons seeking or granted asylum - (Official Gazette of RS No. 44/08); 4. Rulebook on the contents and the layout form of the asylum application and the documents issued to asylum seekers and to persons granted asylum or temporary protection (Official Gazette of RS No. 53/08); 5. Rulebook on housing conditions and the provision of basic living conditions in the Asylum Centre - (Official Gazette of RS No. 31/08); 6. Rulebook on medical examinations of persons seeking asylum upon arrival to the Asylum Centre (Official Gazette of RS No. 93/08); Decision on determining the list of safe countries of origin and safe third countries - the Government (Official Gazette of RS No 67/09). The Law on Refugees (Official Gazette of RS No. 18/92, 45/02 – SUS (Federal Constitutional Court)) and regulations: The Law on State Border Protection (Official Gazette of RS No. 97/08) Regulation on the control of crossing the administrative boundary line towards Kosovo and Metohija (Official Journal of FRY No. 41/2002). 41/2002) The Law on Citizenship (Official Gazette of RS No. 135/04 and 90/07) The Law on Identity Card (Official Gazette of RS No. 62/06); 62/06); The Law on Travel Documents (Official Gazette of RS No. 90/07, 116/08, 104/09 and 76/10); The Law on Civil Registers (Official Gazette of RS No. 20/09); Law on Ratification of Agreement between the Republic of Serbia and the European Community on the Readmission of Persons Residing Without Authorisation(Official Gazette of RS - International Treaties No. 103/07); Implementing protocols for the implementation of the Agreement between the Republic of Serbia and the European Community on the readmission of persons residing without permission, were signed with: The Republic of Italy on 13 November 2009 in Rome, the Republic of Slovenia on 8 June 2009 in Ljubljana, the Republic of France on 18 November 2009 in Paris, the Republic of Hungary on 19 December 2009 at the GP (border crossing) of Horgos-Reske, with the United Kingdom on 18 March 2010 in London, with Austria on 25 June 2010 in Belgrade and with the Republic of Malta on 2 July 2010.
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