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01/03/2023
SI: The Supreme Court rejected an appeal in a case concerning exclusion due to involvement with terrorism, holding that the first-instance court, during the oral hearing, fully disclosed classified information to the plaintiff and gave him the opportunity to oppose.

ECLI
ECLI:SI:VSRS:2023:X.IPS.2.2023.1
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Slovenia, Supreme Court [Vrhovno sodišče], Applicant v Ministry of the Interior, X Ips 2/2023, ECLI:SI:VSRS:2023:X.IPS.2.2023.1, 01 March 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=4011
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"Referring to Article 23 of the Directive 2013/32 and the judgment of the CJEU in cases C-300/11 (ZZ) and C-159/21 (GM), the Supreme Court did not find a violation of the applicant's right to be heard. Namely, the first-instance court during the oral hearing fully disclosed the classified information to the plaintiff and gave him the opportunity to oppose. The applicant could also read the version of the judgment, which contained classified information, although he was only served a version of the judgment without classified information. 


Regarding the exclusion from subsidiary protection status under Article 17 of Directive 2011/95, the Supreme Court referred to cases C-369/17 (Ahmed), C-57/09 and C-101/06 (B and D), C- 573/14 (Lounani) and C-373/13 (H.T.) and stated that the person's behavior must objectively mean serious participation (active involvement in its support network) in the activities of the terrorist group, and that the person must be responsible for it, i.e. that a person can be attributed part of the responsibility for acts committed by a terrorist organization based on objective and subjective criteria, as stated by the CJEU in the cases of B and D and H.T. "


Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Case Number
X Ips 2/2023
Date of Decision
01/03/2023
Country of Origin
Keywords
Exclusion
Personal Interview/ Oral hearing
Second instance determination / Appeal
Terrorism