SPECIAL ADMINISTRATIVE MEASURES TOWARDS FOREIGNERS IN B&H
Journal Title: Human Research in Rehabilitation - Year 2011, Vol 0, Issue 0
Abstract
The intention of this paper is to give a positivistic legal overview of certain special administrative procedures applied to foreign citizens moving through and staying in Bosnia and Herzegovina opposite the legal rules prescribed by the state of Bosnia and Herzegovina. A review shall be made as to those administrative procedures relating to pronouncing certain penalties (measures) for offenders of imperative rules, such as: administrative measures of cancelling a stay to foreigners, measure of administrative removal (deportation), measures of putting a foreigner under surveillance. Apart from their divergence from the rules of general administrative procedure in nature of matter, in certain elements, these special administrative procedures are characteristic of the ways in which they are enforced. The enforcement of certain measures against foreigners sometimes implies the application of special powers, even the application of means of physical coercion and temporary detention of a foreigner in a specialised centre (immigration centre), with goal of final enforcement of a legitimate and legally-binding decision – removal of the foreigner from B&H to the country of his/her usual residence. By the issuance and enforcement of such decisions, the Service for Foreigners Affairs (hereinafter: the Service) assumes a significant position in security and informative system, significantly contributing to the level of security in B&H, although being limited by the Law on the Service for Foreigners Affairs (OG B&H No. 54/05 and 36/08, hereinafter: the LSFA), which defines the Service as an administrative organisation, independent in the performance of operative tasks. Even though the mentioned procedures have been established in line with models and positive practice applied in the countries of the European Union, hence they are extensively adjusted to the Community Acquis and Directives that address these problems and guarantee a wide scope of rights in order to assure legal actions, certain discrepancies and illogicality emerge, which we shall make in this paper an attempt elaborate and offer certain solutions de lege ferenda.
Authors and Affiliations
Boris Kordić
Keywords
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