ANNEX I – Transposition of the CEAS in national legislation

Slovenia

Country Report: ANNEX I – Transposition of the CEAS in national legislation Last updated: 30/11/20

Author

The following section contains an overview of incompatibilities in transposition of the CEAS in national legislation:

 

Directive

Provision

Domestic law provision

Non-transposition or incorrect transposition

Directive 2011/95/EU

Recast Qualification Directive

Article 14 (14b)

Article 68(1) IPA

The QD stipulates that refugee status can be revoked in case the individual is convicted of a “particularly serious crime”. However, the IPA stipulates that refugee status can be revoked in case the individual is convicted of a serious crime. The threshold for the revocation in the IPA is therefore lower.

Directive 2013/33/EU

Recast Reception Conditions Directive

Article 8(4)

Article 84 IPA

The IPA does not contain a provision on alternatives to detention. “Limitation of freedom of movement” on the premises of the Asylum Home amounts to de facto detention.

Regulation (EU) No 604/2013

Dublin III Regulation

Article 28

Article 84 IPA

The provisions in the IPA regarding detention are not in accordance with the Dublin Regulation since the IPA does not contain the definition of the “risk of absconding” nor the objective criteria needed to establish the risk of absconding in an individual case.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation