Some provisions in the residence of foreigners and asylum laws unconstitutional

The Supreme Court, which challenged the provisions, acted based on a case from 2013.

Constitutional Court in KošiceConstitutional Court in Košice (Source: Sme )

Some provisions in the law governing the residence of foreigners and on asylum are at odds with the Slovak Constitution and the Charter of Fundamental Rights of the European Union.

This was the ruling issued by the Constitutional Court during its December 12 closed session, the TASR newswire reported.

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It concerns the provision, according to which a police unit can reject the application of a foreigner for permanent or temporary residence or decide on administrative expulsion due to a security interest of Slovakia. Another provision concerns the Interior Ministry’s decision not to grant asylum or deprive it.

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Read also: FAQ: Non-EU citizens - dealing with immigration authorities Read more 

The law requires this procedure if there is a suspicion that a non-EU citizen could endanger the country’s security during their stay, as reported by TASR.

The respective provisions were challenged by the Supreme Court back in 2016. The senate claimed that a principle of equality before the law and the right of the proceeding parties to a fair trial have been violated.

“In the Supreme Court senate’s opinion, making the reasons on which the public administration body bases its decision inaccessible strips a participant in court proceedings of the opportunity to comment on all the evidence,” reads the motion, as quoted by TASR.

In the court’s opinion, during an administrative or a review proceeding the current laws create conditions that are more unfavourable for non-EU citizens than for the public administration bodies.

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Reference to older case

The Supreme Court based its motion on a specific case from 2013 when the Foreigners’ Police department rejected an application of a foreigner for permanent residence. The regional court dismissed the complaint submitted by the foreigner and confirmed the decision.

When reviewing the regional court ruling, the Supreme Court found facts that “raise some concerns” over the constitutionality and the compliance of the provisions with the Convention for the Protection of Human Rights and Fundamental Freedoms and the Charter of Fundamental Rights of the European Union, TASR reported.

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