Case summaries
The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.
The State is obliged to adopt legislation which allows the refugee to actually exercise the right to respect for family life in its territory. Under Article 53(3) of the Constitution of the Republic of Slovenia the scope of family life firstly includes the nuclear family and secondly, where specific factual circumstances dictate, members of the family who are not nuclear but who are similar or perform the same function.
The legislator limited the right to family reunification by enacting an exhaustive definition of eligible family members for reunification, excluding any other form of family unity. According to the Constitutional Court, the legislator disproportionately restricted the right of refugees to respect for family life and violated the right of the appellant under the Article 53(3) of the Constitution.
The Constitutional Court presents its opinion on the nature of the rights and principles contained in the Charter of Fundamental Rights of the European Union(CFRU) and on jurisdiction for the decision on questions of interpretation in connection with the CFRU. It gave an answer in the affirmative to the question of whether the CFRU, in particular Article 47 CFRU, is applicable in asylum proceedings if no such violation was found in the actual case at hand.