The Experiences and Challenges for Adjudication on Refugee Law in Slovenia |
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| Authors: | Zalar Bostjan |
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| Institution: | * Associate Professor; High Court Judge on the Administrative Court of the Republic of Slovenia; Senior Research Fellow at the Institute of Social Sciences, University of Ljubljana; Lecturer at the Postgraduate School of Government and European Studies. This paper resulted from the author's work as a Senior Expert Associate (from May 1999) and as a Judge (from July 2004) within the special division of the Administrative Court of the Republic of Slovenia that deals with refugee law cases. The author would like to acknowledge the helpful insights, information and comments of Tamara Jerman, Associate Protection Officer with the UNHCR Branch Office in Ljubljana, at the early stage of drafting this paper. This paper was completed in Jan. 2006. |
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| Abstract: | As a border country within the European Union, Slovenia willprobably need to manage a considerable burden of refugee lawcases in the future. In addition to the goal of managing thosecases promptly, judicial review will continue to play a crucialrole in building the integrity of procedural and material lawon the protection of refugees. The article first focuses, insection 2, on several refugee law issues from national legislation,supported by case law, with special attention to a comparisonof national legislation with the corresponding EU legal sourcesin their respective fields and other international law standards.On the basis of a qualitative assessment of judgements, in section3 the author provides an evaluation of the experiences and effectsof the Administrative Court, the Supreme Court and the ConstitutionalCourt in the construction of (case) law on refugees. Findingsin section 3 lead the author to the basic thesis, in section4, that the major challenge for adjudication on refugee law,which is an example of a very complex legal discipline, establishedwithin the multi-level constitutionalism, is to improve theinstitutional quality of the judiciary. In this regard the authorselects six priorities for building on the managerial capacitiesof the judiciary that are necessary mechanisms for dealing withthe increasing number of important international refugee lawissues in the future, so that the integrity of asylum law, theharmonisation of EU law and the protective character of internationalrefugee law in Slovenia is guaranteed. In the conclusion ofthe paper, the author selects the particular legal challengesfor judges in the future process of adjudication on refugeelaw. |
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