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19/06/2019
SK: The Supreme Court the lack of interpreters on the list or time constraints are not enough to limit the asylum seekers' right to be hear during the court proceedings

ECLI
ECLI SK: NSSR: 2019: 1018201716.1
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Decision
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Slovakia, Supreme Court [Najvyssi Sud], T.R. (Turkey) v Ministry of Interior (Ministerstvo vnútra), 10Sžak/9/2019, ECLI SK: NSSR: 2019: 1018201716.1, 19 June 2019. 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=964
Case history
Related cases:
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019 (information provided by MO MoI SR):

The line of reasoning of the defendant who claims that the plaintiff had a legal representative present during the hearing who, unlike the plaintiff, is well versed in the law, could not hold, since the examination of the asylum seeker in the court proceedings represents one of the most important means of evidence as well as one of the most important rights an asylum seeker has and, as such, cannot be abandoned solely on the grounds of the lack of interpreters on the list or due to time constraints. Moreover, exceeding the time limit for the decision in the matters of asylum due to the existence of objective causes, even more so if these are not caused by the party to the proceedings or the court, must not be to the detriment of the plaintiff’s right to fair trial

Country of Decision
Slovakia
Court Name
SK: Supreme Court [Najvyssi Sud]
Case Number
10Sžak/9/2019
Date of Decision
19/06/2019
Country of Origin
Turkey
Keywords
Effective remedy
Personal Interview/ Oral hearing
Second Instance determination