Ombudswoman proposes Constitutional Court assess law on aliens and asylum

The public defender of rights, or ombudswoman, Jana Dubovcová opined that some provisions of the currently effective Law on the Stay of Aliens and the Law on Asylum contradict not just the Slovak Constitution, but also several international agreements.

The public defender of rights, or ombudswoman, Jana Dubovcová opined that some provisions of the currently effective Law on the Stay of Aliens and the Law on Asylum contradict not just the Slovak Constitution, but also several international agreements.

Thus, Dubovcová has filed a motion with the Constitutional Court (CC) to judge these conflicts, spokeswoman Alena Kuišová told SITA newswire.

According to Dubovcová, the CC should assess the compliance of these laws with the constitution, the Convention for the Protection of Human Rights and Fundamental Freedoms, and also with the International Covenant on Civil and Political Rights. She said that the provisions involved enable police bodies and the Migration Office of the Interior Ministry to justify some of their decision merely with the fact that “it is in the security interest of the Slovak Republic”.

Dubovcová is convinced that such a legislative solution is not in compliance with the requirement for am equal protection of both sides in court proceedings, or before other or public administration bodies. She also added that the reasoning referring only to the security interest of Slovakia is not in compliance with constitutional guarantees and guarantees rendered by international treaties.

“It does not allow the persons involved to effectively defend themselves and to bring evidence which could disprove the facts that make the fundaments for the decision of police bodies, or of the Migration Office of the Interior Ministry,” Dubovcová said, as quoted by the SITA newswire.

(Source: SITA)
Compiled by Zuzana Vilikovská from press reports
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