Asylum and Refugee Issues in the Case Law of the Constitutional Court of the Republic of Slovenia

Cvikl, Lana and Flander, Benjamin (2023) Asylum and Refugee Issues in the Case Law of the Constitutional Court of the Republic of Slovenia. LAW, IDENTITY AND VALUES, 3 (2). pp. 51-87. ISSN 2786-2542 (print), 2786-3840 (online)

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Abstract

This study examines the role of the Constitutional Court of the Republic of Slovenia in addressing asylum and refugee issues. It examines the constitutional and statutory regulations surrounding international protection, the procedure for the recognition of and statistical data on international protection, and the legal remedies available in asylum and refugee cases, with a particular focus on petitions for reviewing the constitutionality of laws and constitutional complaints. Further, it presents a comprehensive analysis of the relevant Constitutional Court’s case law, specifically concerning refugees, asylum seekers and individuals seeking subsidiary international protection. The findings reveal that the relevant case law can be categorised into two segments: those that deal with the successful challenges of statutory provisions, and those that pertain to the constitutional complaints of asylum seekers. Additionally, the Court frequently cites decisions from the European Court of Human Rights, however, less frequently the case law of the Court of Justice of the European Union. However, mentioning the case law of other countries is extremely rare. None of the Constitutional Court’s decisions concerning Slovenian constitutional identity are directly linked to refugee, asylum, or international protection issues. Nonetheless, it is plausible that the Court may change its approach to these areas in the near future.

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