The number of displaced persons who entered Europe in 2015 through maritime routes or the Western Balkan route exceeded 1 million. Due to the geographical position, the migration wave reached Slovenia, which initially consequent to logistical, accommodation and humanitarian challenges. After the situation calmed, legislative changes took place, considering fear that the country would become a migrant pocket and with reference to national security, preservation of the basic state functions and citizens protection. Two additional articles of the Aliens Act introduced a new category of so-called changed conditions, which, if activated in accordance with prescribed procedure, gives wide decision-making powers to the police at the ports of entry. Entrance will be allowed only for persons who possess identification papers, some vulnerable categories and those who will apply for asylum in Slovenia, regarding they came from the country with systemic deficiencies in the asylum procedure or if there is a serious risk of torture. Such an arrangement constitutes a suspension of the Refugee Convention, breach of the non-refoulement principle and the collective expulsion prohibition. It also failures to comply with the Dublin Regulation and Schengen Code, European Convention on Human Rights and several constitutional provisions. The issue of migration has already been addressed by both European courts. The most important judgments include strict conviction of non-refoulement violation (Case of Hirsi Jamaa and others) and the interpretation of the Dublin procedure.
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