Asylum systems in the Western Balkans are one of the many results of the externalization of European Union border controls. Regardless of the hopes that the EU might have for these systems to function as a "buffer zone", there is a need to be realistic about the actual effect that these systems can have. There are a number of gaps showing that the countries in the region are neither willing nor able to process the number of asylum applications that could potentially be lodged by all the persons transiting the region today. These gaps include the lack of capacity to identify and register asylum seekers and to process asylum applications, the failure to conduct refugee status determination procedures in line with basic legal standards, the lack of return procedures and the inability to develop all the necessary systems (such as detention and return) in parallel.
COBISS.SI-ID: 1149805
Freedom of movement is one of the fundamental freedoms of the EU law and one of the most important rights arising from EU citizenship. The most important reasons for moving into another EU Member State are employment and work, while the most important question for an EU citizenship that intends to move together with their family members is who is considered to be a family member according to the law of the host state. In case of rainbow families the answer to this question is far from simple.
COBISS.SI-ID: 547071
Indirect discrimination is a specific and complex form of unlawful discrimination, prohibited by EU law and national law. While this concept is fairly developed in European, international and American law, this is not the case in Slovenia. This is evident from insufficient and underdeveloped case law in this field as well as the lack of legal literature. In Slovenian law indirect discrimination is mentioned in several legal acts. Theoretical discussions on indirect discrimination are non-existent, and there are only a few case studies of concrete instances of indirect discrimination available. In certain cases, courts have even wrongfully interpreted indirect discrimination. To some extent this is a consequence of the insufficient theoretical debate, the absence of this topic from judicial or legal training as well as the general attitude towards anti-discrimination policy-making that, at all levels of state structures, hardly addresses issues of discrimination and its prevention. The purpose of this article is to fill this gap, affirm the concept of indirect discrimination in the Slovenian legal context and clarify the specificities of this concept in comparison with direct discrimination and other forms of unlawful differential treatment.
COBISS.SI-ID: 15185233
This chapter addresses the gaps between law and state practice in managing mass migration movements. It focuses on the right to entry, the rights of transit and detention issues, showing that state practices in this field are outside the normative framework which governs the aforementioned areas. It points at possible new emerging rights that are being formed from state practice that is carried out outside of the legal framework, producing potential new rules of customary international law applicable for people who are entering the state irregularly within mass migration movements. The chapter analyzes the “corridor” which presently facilitates the migration route used for transferring people to their desired country of destination. The chapter concludes that the law is not responding adequately to the needs of people involved in mass migration movements, and stresses that in order to maintain a state governed by the rule of law, the law should respond adequately to these needs.
COBISS.SI-ID: 1122413
This book is about the "erasure", a process by which the Republic of Slovenia unlawfully deprived 25 671 of its residents of their legal status following the country’s secession from the former Yugoslavia in 1992. After losing their status, these individuals were left without any rights on the territory of Slovenia. Since the Slovenian state refused to remedy the problem for many years, the European Court of Human Rights took up the case. In the 2012 Kurić and Others v. Slovenia decision, the Grand Chamber found that Slovenia had violated human rights. This book describes the full background of this discrimination case and examines its constitutional implications.
COBISS.SI-ID: 1142125