Type: Judgment

Authority: National Courts Ustavno Sodišče (Slovenia)

Date: 04/02/2025

Subject: The judgment of the Ustavno Sodišče (Constitutional Court), called upon to rule on the constitutional legitimacy of Article 10A of the Foreigners Act, aimed at introducing the concept of a “complex migration crisis” and outlining the procedures to establish the existence of such a situation, and of Article 10B, which set out a specific legal regime in case of a complex migration crisis. The Court declared the first constitutional and the second unconstitutional, on the grounds of a violation of the principle of non-refoulement and the prohibition of collective expulsions, applying the provisions of the EU Charter of Fundamental Rights and the ECHR, the relevant EU legislation, and the case law of the Courts of Strasbourg and Luxembourg

Parties: A group of deputies of the National Assembly and of the Human Rights Ombudsman

Original language: Slovenian

Classification: Dignity - Art. 4 Torture - Inhuman punishments - Degrading punishments - Inhuman treatments - Degrading treatments - Freedoms - Art. 18 Right to asylum - Art. 19 Expulsion - Extradition - Removal

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