Abstract
The Supreme Court ruled that a decision to transfer from Article 26 of the Dublin III Regulation does not constitute a "final decision" on an application for international protection within the meaning of Article 2 (b) of the Reception Directive and Article 2 (c) of the Dublin III Regulation, and consequently it can not entail the cessation of rights arising from the Reception Directive. A different interpretation may also lead to a situation which constitutes a violation of Article 1 of the European Charter.
However, if the law can not be interpreted as complying with European Union law, then, in the event of a conflict between the statutory provision and the law of the European Union, in accordance with the principle of the primacy of European Union law, the law of the European Union must be applied.
If it was decided that the Republic of Slovenia would not address the request for international protection due to its surrender to another Member State, the rights of the applicant can only be terminated by the actual surrender of the applicant to another State.
The obligation to not apply the second paragraph of Article 78 of the ZMZ-1 in the mentioned cases applies also to all subsequent decision-making procedures of the defendant's bodies without the need for the court to adjudicate again in the administrative dispute.
Country of Decision
Slovenia
Court Name
SI: Supreme Court [Vrhovno sodišče]
Date of Decision
04/04/2018
Keywords
Dublin procedure
Reception/Accommodation