The Croatian Constitution came into force on 22^nd December 1990, less than a year after the first national free elections. The Constitution includes numerous provisions which would apply to migrants. Article 32 states that persons lawfully within the territory of the Republic of Croatia shall enjoy the liberty of movement and freedom to choose their own residence. This right would extend to migrants with lawful status in the Republic of Croatia.

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The Croatian Constitution came into force on 22^nd December 1990, less than a year after the first national free elections. The Constitution includes numerous provisions which would apply to migrants. Article 32 states that persons lawfully within the territory of the Republic of Croatia shall enjoy the liberty of movement and freedom to choose their own residence. This right would extend to migrants with lawful status in the Republic of Croatia. The same provision allows citizens of Croatia the right to leave the country at any time and settle abroad permanently or temporarily, and the right to return to their country at any time. This provision extends only to those migrants who have acquired Croatian citizenship. Article 10 also provides that the freedom of movement within the Republic of Croatia and the right to enter or leave it, may exceptionally be restricted by law, in situations where this is necessary for the protection of the legal order, or health, rights and freedoms of others. Article 33 guarantees foreign citizens and stateless persons the right to obtain asylum in the Republic of Croatia. The protection of the right to claim asylum does not extend to persons who have been prosecuted for non-political crimes and activities contrary to the basic principles of international law. In relation to expulsion and extradition Article 33 states that migrants lawfully within the territory of Croatia shall only be expelled or extradited to another state in pursuance of a decision made in accordance with a treaty and law.

Article 9 of the Constitution, on the rights relating to citizenship, states that the law shall regulate the acquisition and termination of Croatian citizenship and that no Croatian citizen shall be exiled from the Republic of Croatia, deprived of their citizenship, or extradited to another state. In relation to the rights of Croatian citizens living or residing abroad, Article 10 states that the Republic of Croatia shall protect the rights and interests of such citizens abroad, and promote their links with their country. Article 10 also states that members of the Croatian nation in other states shall be guaranteed special concern and protection by the Republic of Croatia.

The Constitution protects a number of other fundamental human rights, such as the right to life and right to family life. Article 17 provides that individual freedoms and rights guaranteed by the Constitution may be restricted during wars, situations of immediate threats to the independence and unity of the State, or severe natural disasters. The Croatian Parliament must make decisions relating to such restrictions by a two-thirds majority of all members or, if they are unable to meet, restrictions must be decided by the President of the Republic at the proposal of the Government and with the counter-signature of the Prime Minister. Article 17 provides that such restrictions must be adequate to the nature of the danger, and may not lead to inequality of persons on the basis of their race, colour, gender, language, religion, national or social origin. It also states that the right to life, prohibition of torture, cruel or degrading treatment or punishment, on the legal definitions of penal offences and punishments, or on freedom of thought, conscience and religion may not be restricted even in the case of an immediate threat to the existence of the State.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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