Constitutionalisation of the Implementing Act of the Procedures Directive: The Slovenian Perspective

in European Journal of Migration and Law
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Abstract

The author identifies the initial challenging questions that will be posed to judges in relation to the application of implementing act and the Procedures Directive. The arguments put forth are directed towards the need for interpreting the transposition act and the minimum standards from the Procedures Directive in a way that would be consistent with the international and constitutional human rights law standards. The actual situation and prospects of this challenge for the case of Slovenia are examined from the period before and after the adoption of the Procedures Directive through the analysis of administrative practice and jurisprudence in relation to the grounds for abuse of the asylum procedure within the accelerated procedure, the procedural requirements for the use of country of origin information and the right to free legal assistance. In the section on the main challenges for the protection of fundamental rights in relation to the Procedures Directive, the author focuses on methods of interpreting Community law, the question of the scope of Community law, the concept of judicial cooperation for the protection of human rights, conditions for annulling Community provisions due to violation of fundamental rights, and the effects of international law standards on the protection of fundamental rights under Community law.

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