Author
The Asylum Act envisages that the Minister of Interior will adopt a bylaw on the content and design of travel documents for persons granted refugee status within 60 days from the date of entry into force of the Act.[1] However, for more than 15 years this bylaw had not been adopted. Several legal procedures on the domestic level were initiated, including before the Constitutional Court of Serbia.
The Constitutional Court dismissed the appeals on 20 June 2016, stating that the subject of a constitutional appeal cannot be a failure to adopt a general legal act, but only the individual act as it is prescribed by Article 170 of the Constitution.[2]
Due to this legal vacuum, refugees’ freedom of movement was limited even though it is guaranteed by the Serbian Constitution and the ECHR. This means that refugees can leave Serbia only illegally unless they possess a valid travel document issued by their country of origin.
After the ECtHR’s landmark judgment, the bylaw has been finally adopted, and after the Strasbourg Court has found a violation of the Article 2 of Protocol 2.[3] On 17 November 2023, the Minister of Interior adopted the Rulebook on the look and content of the travel document for refugees.[4] In March 2023, the first travel document was issued to the refugee from Kazakhstan.[5]
The Asylum Act also envisages that, in exceptional cases of humanitarian nature, a travel document may also be issued to persons who have been granted subsidiary protection and who do not possess a national travel document, with a validity of maximum one year.[6] This provision is yet to be applied. An Afghan refugee with subsidiary protection was issued with the travel document in May 2024.[7]
Thus, after 15 years, Serbia has finally resolved the issue of the refugee travel documents, and it is reasonable to assume that all individuals granted refugee status have obtained their travel documents by the time this Report was concluded.
[1] Article 101 Asylum Act.
[2] Constitutional Court, Decision UŽ 4197/2015, 20 June 2016.
[3] ECtHR, S.E. v. Serbia, Application No. 61365/16, Judgment of 11 July 2023.
[4] Official Gazette no. 104/2023, available at: https://bit.ly/4e6rDBI.
[5] Government of Serbia, Уручена прва путна исправа за избеглице, 27 March 2024.
[6] Article 91(3) Asylum Act.
[7] IDEAS acted as a legal representative.