Slovenia: Constitutional court annuls provision on suspension of asylum procedure*

Monday, October 14, 2019

On 14 October 2019, the Slovenian Constitutional Court published its judgment finding that Article 10b of the Aliens Act, setting out measures of temporary suspension of the right to asylum, was contrary to the principle of non-refoulement.

The provision, introduced in 2017 as part of amendments to the Aliens Act, allowed for the suspension of the right to asylum upon parliamentary order in cases where migration poses “a threat to public order and internal safety in the Republic of Slovenia”. Though never activated to date, the measures would require the Police to reject all intentions to apply for asylum as inadmissible as long as the persons wishing to apply entered Slovenia from a neighbouring EU Member State in which there are no systemic deficiencies of asylum procedure and reception conditions which could lead to torture, inhuman, or degrading treatment. The Police would then be able to return the persons back to the neighbouring countries in question.

The Constitutional Court annulled the provision on the ground that it was contrary to the principle of non-refoulement, enshrined in Article 18 of the Constitution, insofar as the measures would not guarantee individuals a fair and efficient process determining whether their removal would amount to torture, inhuman or degrading treatment. The Court also highlighted that the determination of “a threat to public order and internal safety in the Republic of Slovenia” under the Aliens Act did not imply the existence of a state of emergency pursuant to Article 92 of the Constitution, which could justify the limitation of certain rights.

*This information was first published by AIDA, managed by ECRE.


This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.