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23/11/2023
SI: The Constitutional Court upheld a judgment of the Supreme Court, dismissing an appeal against a decision on a Dublin transfer to Croatia in which systemic deficiencies in the Croatian asylum system were being raised; the court ruled that there was no evidence of inhumane treatment of Dublin returnees or EU law violations in processing their asylum requests in Croatia.

ECLI
ECLI:SI:USRS:2023:Up.919.23
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Dublin Regulation III (Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for IP); EU Charter of Fundamental Rights ; European Convention on Human Rights; Treaty on the Functioning of the European Union
Reference
Slovenia, Constitutional Court [Ustavno sodišče], A.B.C.Č. v Ministry of the Interior (Ministrstvo za notranje zadeve‚ Slovenia), Up-919/23, ECLI:SI:USRS:2023:Up.919.23, 23 November 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=4215
Case history
Other information
Abstract

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


“The Constitutional Court, in examining the constitutional complaint against the judgment of the Supreme Court, reiterated the position of the Supreme Court that the argument with which the applicant in the specific case tried to prove the existence of systemic deficiencies in relation to the asylum system (i.e. the previous conduct of the Croatian police officers after the border crossing between Bosnia and Herzegovina and the Republic of Croatia and potential deficiencies in the processing of foreigners in Croatia), cannot be legally decisive and, without other indications of systemic deficiencies, cannot significantly influence the decision to transfer the applicant from Slovenia to Croatia based on Dublin III Regulation. Since there were no COI that Dublin returnees are treated inhumanely during the transfer or after the transfer in the accommodation centres in the Republic of Croatia or that the requests for international protection of Dublin returnees are not processed in accordance with EU law, the Constitutional Court decided that the constitutional complaint was unfounded.”


Country of Decision
Slovenia
Court Name
SI: Constitutional Court [Ustavno sodišče]
Case Number
Up-919/23
Date of Decision
23/11/2023
Country of Origin
Unknown
Keywords
Country of Origin Information
Dublin procedure
Non-refoulement
Torture or inhuman or degrading treatment or punishment
RETURN