MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp <p>Comparative Perspectives<br />from Visegrad, Western Balkans,<br />and Eastern Partnership Countries</p> <p>Edited by<br />Mariam Jikia</p> <p>Professor, Georgian Technical University<br />Dimitry Gegenava<br />Professor, Sulkhan-Saba Orbeliani University</p> en-US Tue, 19 Aug 2025 10:22:32 +0000 OJS 3.3.0.7 http://blogs.law.harvard.edu/tech/rss 60 IMPLEMENTATION OF THE EU TEMPORARY PROTECTION DIRECTIVE FOR UKRAINIAN REFUGEES: A COMPARATIVE ANALYSIS OF MEMBER STATE RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/501 <p>Russia&amp;#39;s military invasion of Ukraine on February 24, 2022, triggered the first activation of the European Union&amp;#39;s Temporary Protection Directive (TPD) since its establishment in 2001. The present article examines the implementation of Council Directive 2001/55/EC across EU member states in response to the mass influx of Ukrainian refugees. The research analyzes the legal framework governing temporary protection, investigating its practical application and the challenges encountered during implementation.<br>The activation of the TPD marked a significant shift in EU migration policy, providing immediate protection to Ukrainian refugees without requiring lengthy asylum procedures. The study employs a comparative analysis of member state responses, examining countries including mostly Eastern European countries such as Hungary, Romania, and Bulgaria. The research identifies three primary areas of solidarity mechanisms: financial support through EU funds, monitoring and coordination via the Solidarity Platform, and assistance with intra-EU mobility. Implementation challenges included labor market integration difficulties, healthcare access barriers, educational system constraints, and administrative bottlenecks. Despite these obstacles, the TPD activation demonstrated unprecedented European solidarity while highlighting the need for improved coordination mechanisms and standardized implementation procedures to ensure effective protection for displaced populations in future crises.</p> Mariam Jikia Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/501 Tue, 19 Aug 2025 00:00:00 +0000 THE EVOLVING ROLE OF SLOVAK LOCAL GOVERNMENTS IN INTEGRATING MIGRANTS FROM UKRAINE IN SLOVAKIA https://journals.sabauni.edu.ge/index.php/mp/article/view/502 <p>This article examines the evolving role of Slovak local governments in integrating Ukrainian migrants following the 2022 Russian invasion. The study traces how local authorities transitioned from providing immediate humanitarian responses to an<br>unprecedented refugee influx toward implementing strategic, long-term integration policies across education, healthcare, employment, and housing sectors. While Slovakia's decentralized governance structure proved essential for delivering initial aid, ongoing integration efforts reveal critical challenges including insufficient institutional capacities, legislative gaps, and coordination deficiencies. This research demonstrates how multi-stakeholder collaboration involving NGOs and international organizations proved crucial in augmenting local governmental capabilities. The empirical analysis identifies best practices in language support, employment facilitation, and educational integration. The findings reveal significant economic benefits of refugee integration, challenging prevalent perceptions of refugees as solely constituting a fiscal burden. However, local integration efforts remain vulnerable to national political instability and fluctuating policy positions. The research underscores the necessity for enhanced inter-institutional collaboration, refined legislative frameworks, and sustained financial and human capital resources to promote social cohesion and achieve effective integration outcomes in Slovakia.</p> Jaroslav Mihálik Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/502 Tue, 19 Aug 2025 00:00:00 +0000 DIVERSITY MANAGEMENT IN THE CZECH REPUBLIC: THE FOCUS ON UKRAINIAN REFUGEES https://journals.sabauni.edu.ge/index.php/mp/article/view/503 <p>Diversity management has become an increasingly prominent topic within Czech society, especially in light of the recent influx of Ukrainian refugees following the Russian invasion of Ukraine in February 2022. The Czech Republic has been compelled to implement a range of new policies and measures to address the urgent challenges arising from this migration situation. Among these challenges, the integration of Ukrainian children into the Czech educational system has emerged as a central issue, sparking public debate on inclusion and social cohesion. This paper examines the current situation of Ukrainian refugees in the Czech Republic, with a<br>particular focus on evolving public attitudes toward their inclusion and the broader implications for diversity management in Czech society.</p> Mgr. Nikola Medová, Lucie Macková M.A., Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/503 Tue, 19 Aug 2025 00:00:00 +0000 PUBLIC NARRATIVES AND ATTITUDES TOWARDS REFUGEES AND OTHER MIGRANTS: A CASE STUDY OF THE REPUBLIC OF NORTH MACEDONIA https://journals.sabauni.edu.ge/index.php/mp/article/view/504 <p>This study examines public narratives and attitudes toward refugees and migrants in the Republic of North Macedonia within the broader historical, political, and social contexts that have shaped the country&amp;#39;s migration landscape. The research traces migration patterns from World War II through significant regional crises, including the Bosnian conflict of the 1990s, the Kosovo crisis, and contemporary migration challenges, analyzing how these historical experiences have influenced public perception and policy formulation regarding displaced populations.&nbsp;<br>The investigation focuses on contemporary public reception of migrants through systematic analysis of social media debates and political discourses. By examining social media comments on governmental statements regarding migrant acceptance, this research provides empirical insights into evolving public attitudes, identifying distinct patterns of xenophobic sentiment, solidarity expressions, and national identity-based concerns within North Macedonian society. The paper assumes that the population of North Macedonia has an exceptionally low acceptance index for migrants, with significant resistance to their integration, generally shaped by economic, cultural, and security factors. Such public attitudes are deeply rooted in unfulfilled political promises, both by national and international actors, which further exacerbates public skepticism and resistance.&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;<br>This study contributes to the understanding of migration discourse in the Balkans, offering recommendations for improving public attitudes and policies on migration in the context of European integration.</p> Ivona Shushak Lozanovska,, Larisa Vasileska Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/504 Tue, 19 Aug 2025 00:00:00 +0000 MIGRATION AS A POLITICAL TOOL: A STUDY OF SLOVAK PARTY MANIFESTOS https://journals.sabauni.edu.ge/index.php/mp/article/view/505 <p>The issue of migration has recently become one of the most important issues communicated by politicians to the electorate. In the context of the Slovak Republic, this issue has even become a relevant cleavage that divides the political spectrum into groups. For this reason, it makes sense to examine the position of political parties regarding migration in their electoral manifestos and to determine the stance of individual actors. Thus, the aim of this paper is to analyze how relevant political parties address the issue of migration in their manifestos for the 2023 election. Both the scope and content of how this issue is addressed are monitored. To capture the<br>content of these manifestos, four thematic categories are created. The results show that there are certain differences between the selected political parties on this issue. The differences are manifested in both scope and content of treatment. The political<br>parties SMER-SD and SNS, which form the government, address this issue the least. In terms of content, only one category was covered by all political parties: the category that focuses on migration in a negative perception, viewing it as a threat or an undesirable phenomenon. At the same time, this is the area where there are the greatest similarities between the parties. The other categories are covered in different ways, with only three parties addressing all four categories in their manifestos.</p> Jakub Bardovič Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/505 Tue, 19 Aug 2025 00:00:00 +0000 LEGAL RECOGNITION OF SAME-SEX COUPLES’ FAMILY RELATIONSHIPS IN RESIDENCE PERMIT ISSUANCE https://journals.sabauni.edu.ge/index.php/mp/article/view/506 <p>This comprehensive legal analysis examines the systemic challenges confronting same-sex couples in securing residence permits for family reunification purposes, with particular emphasis on the discriminatory implications of Georgia&amp;#39;s 2024 &amp;quot;Law on Family Values and Protection of Minors.&amp;quot; Through rigorous comparative jurisprudential methodology, the research scrutinizes the evolving European legal landscape regarding recognition of same-sex family relationships in transnational contexts. The study employs normative and comparative legal research frameworks to evaluate Georgian legislation against established European Court of Human Rights jurisprudence and Court of Justice of the European Union precedents. Critical analytical dimensions encompass procedural barriers in residence permit issuance, the autonomous concept of &amp;quot;family life&amp;quot; under Article 8 ECHR, and the<br>discriminatory effects of restrictive national legislation on same-sex couples&amp;#39; fundamental rights. Key methodological approaches include comparative institutional analysis of European legal frameworks, doctrinal examination of residence permit procedures, systematic jurisprudential review of ECtHR and CJEU case law, and critical evaluation of administrative discretionary authority.<br>The research demonstrates that Georgia&amp;#39;s absolute prohibition on recognizing foreign-registered same-sex marriages and civil partnerships constitutes discrimination based on sexual orientation, fundamentally violating international human rights standards. The analysis reveals a systemic contradiction between progressive European jurisprudence recognizing same-sex couples&amp;#39; right to<br>family life and restrictive national implementation mechanisms, necessitating comprehensive legal reform to harmonize domestic legislation with transnational human rights obligations.</p> Tsisia Okropiridze, Ketevan Bakhtadze Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/506 Tue, 19 Aug 2025 00:00:00 +0000 RESIDENCE PERMIT, JUDICIAL DISCRETION AND THE GEORGIAN CASE LAW https://journals.sabauni.edu.ge/index.php/mp/article/view/507 <p>The legal framework governing residence permits represents a complex and multifaceted issue that intersects not only with international and domestic law but also with broader questions in the social sciences. In Georgia, this complexity is reflected in legal procedures through which the state authorizes individuals to reside within its territory. A distinctive feature of the process is the involvement of national security agencies, whose assessments are classified and accessible only to the judiciary. As a result, administrative judges are required to take proactive steps to request and evaluate confidential conclusions issued by<br>the Counterintelligence Department. Even where procedural safeguards and appeal mechanisms are formally in place, the<br>adjudication of residence permit disputes ultimately depends on the exercise of wide judicial discretion, which raises significant legal and institutional concerns. This article explores the specific role of classified opinions issued by the State Security<br>Service of Georgia in the residence permit decision-making process. It analyzes the legal mechanisms for requesting and reviewing such information, the normative basis and limits of judicial discretion, and practical trends across all three instances of Georgia’s common court system.</p> Dimitry Gegenava, Salome Tsiklauri Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/507 Tue, 19 Aug 2025 00:00:00 +0000 THE BALANCE BETWEEN THE PROTECTION OF REFUGEES’ RIGHTS AND THE INTERESTS OF STATE SECURITY https://journals.sabauni.edu.ge/index.php/mp/article/view/508 <p>The subject of the research is connected to the existing complex intersection in asylum law between state security interests and refugee rights. This scholarly work will explore the importance of the right to state secret information provided by the Counterintelligence.<br>Department and “Equality of arms” principle according to the practice established by European countries, the European Court of Human Rights, and the Court of Justice of the European Union (CJEU). At the same time, the research is connected to the principle of non-refoulement, viewed as a norm of jus cogens and within the legal framework of interference with the right mentioned above. The paper will focus on the importance of the determination of the balancing test between private and public interests, in connection with the issues about refusal on granting refugee status, cancellation, revocation and right of expulsion. This part of the paper will also discuss the existing favorable practice of the court of member countries of European Union and existing opinions in scientific literature. In addition, there will be analyzed standard of evaluation of circumstances and issue of determination of objective and subjective characteristics of action based on the approach of the countries that have strong multiple-year asylum system. The paper aims to define, through an analysis of the principle of proportionality, how the involvement in the protected right is justified by national interests in comparison with the scales of the expected threats of greater severity. Also, based on the method of comparative<br>legal research, the paper endeavors to determine, with the consideration of state security, whether refusal to grant international protection for the person meets the criteria of proportionality with the necessity of restriction and the measures used to be reached. It should be<br>noted that the subject to be studied in the scientific doctrine of Georgia is less researched; accordingly, considering scarce literature, the research of the indicated subject is essentially essential to advance in the protection of refugee rights, determination of expediency of the granting of status, and court practice.</p> Nino Tsikhitatrishvili Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/508 Tue, 19 Aug 2025 00:00:00 +0000 THE RIGHT OF AN ASYLUM SEEKER TO QUALIFIED LEGAL AID https://journals.sabauni.edu.ge/index.php/mp/article/view/509 <p>The number of asylum seekers and recipients of international protection in Georgia has been progressively rising each year, influenced by the unstable circumstances prevailing both globally and regionally. Asylum seekers are considered clients with special needs, as they may be traumatized or suffer from health problems; in most cases, they do not speak the language of the host country,<br>or are unfamiliar with its legal system, which leads to heightened dependency on lawyers and increases the need for qualified legal aid. International law requires all states to respect, protect, and fulfill the human rights of every individual within their territory or jurisdiction, including asylum seekers, without discrimination. This obligation can only be fulfilled through the guarantee of access to legal aid, which serves as a cornerstone for the effective realization of fundamental rights. The paper focuses on the asylum seeker&amp;#39;s right to qualified legal aid to develop recommendations that will contribute to improving access to justice. The<br>accessibility of legal aid for asylum seekers requires further examination in the context of increasing migration in Georgia, where the demand for legal aid is growing daily.</p> Tamar Khubuluri Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/509 Tue, 19 Aug 2025 00:00:00 +0000 ASSESSMENT OF THE PRINCIPLE OF CREDIBILITY WITH REGARD TO GRANTING REFUGEE STATUS https://journals.sabauni.edu.ge/index.php/mp/article/view/510 <p>The number of asylum seekers and recipients of international protection in Georgia has been progressively rising each year, influenced by the unstable circumstances prevailing both globally and regionally. Asylum seekers are considered clients with special needs, as they may be traumatized or suffer from health problems; in most cases, they do not speak the language of the host country<br>or are unfamiliar with its legal system, which leads to heightened dependency on lawyers and increases the need for qualified legal aid. International law requires all states to respect, protect, and fulfill the human rights of every individual within their territory or jurisdiction, including asylum seekers, without discrimination. This obligation can only be fulfilled through the guarantee of access to legal aid, which serves as a cornerstone for the effective realization of fundamental rights.<br>The paper focuses on the asylum seeker&amp;#39;s right to qualified legal aid to develop recommendations that will contribute to improving access to justice. The accessibility of legal aid for asylum seekers requires further examination in the context of increasing migration in Georgia, where the demand for legal aid is growing daily.</p> Kizeitar Gojaeva Copyright (c) 2025 MIGRATION POLICY AND LEGAL RESPONSES https://journals.sabauni.edu.ge/index.php/mp/article/view/510 Tue, 19 Aug 2025 00:00:00 +0000