A/HRC/14/30/Add.2 Directives on such issues as occupational health and safety or working conditions are, in principle, applicable to all workers, irrespective of their nationality. 36. A model agreement on the readmission of third-country nationals to their country of origin was adopted in 1994 and its implementation principles in 1995, as the basis for bilateral negotiation between European Union member States and third countries. 37. Human rights concerns have been raised, particularly about the standards applicable to irregular migrants in Directive 2008/115/EC on Common Standards and Procedures in Member States for Returning Illegally Staying Third-Country Nationals (commonly referred as the “return directive”). Major concerns highlighted by the Special Rapporteur, jointly with other special procedures in a letter dated 16 December 2008,19 include detention issues (proportionality, maximum period, detention and return of unaccompanied children, judicial review of the legality of administrative detention), emergency situations, entry ban and the protection of vulnerable groups. The Romanian legal system has incorporated this directive in the legislative plan for 2010, with a view to integrating it in the national law package. C. The national legal, policy and institutional framework 38. The current Constitution of Romania, adopted in 1991 and amended in 2003, establishes the legal framework for the protection of human rights in the context of migration. Limitations on the exercise of those rights and freedoms in times of public emergency are determined by Law No. 453 of 2004. 39. Freedom of movement is guaranteed in article 25 of the Constitution, which also recognizes the right of Romanian citizens to establish their domicile or residence anywhere in the country, emigrate and return to Romania. Article 3 further prohibits the displacement or colonization of foreign populations on the territory of the Romanian State. 40. The basis for the protection of non-nationals in Romania is stipulated in article 18 of the Constitution, which recognizes, on the one hand, the general protection afforded to aliens and stateless persons living in Romania and their assets and, on the other hand, the right of asylum, which may be granted and withdrawn in compliance with national laws and the international treaties to which Romania is a party. 41. The Constitution also provides the basis for the cooperation with diaspora communities and host countries. Article 7 recognizes that the State shall support the strengthening of links with Romanians living abroad, including the preservation, development and expression of their ethnic, cultural, linguistic and religious identity, with due observance of host countries’ laws. Article 17 further guarantees that Romanian nationals, while abroad, shall enjoy the protection of the Romanian State and shall be bound to fulfil their duties, excepting those incompatible with their absence from the country. Further provisions safeguarding human rights in the context of migration are contained in organic and ordinary laws, including Government decisions, Government ordinances and emergency ordinances. 42. Migration policies in Romania are mainly the responsibility of the Ministry of Administration and Interior and some of its structures: the Romanian Immigration Office manages policies on migration, asylum, the integration of migrants and the implementation of relevant legislation on these areas (Emergency Ordinance No. 55 and Government Decision No. 639 of 2007); the Border Police is in charge, inter alia, of the prevention of 19 10 A/HRC/11/7/Add.1, paras. 81–122. GE.10-12102