This thesis examines the content of the right to be heard, which forms an integral part of the
asylum procedure. It focuses on its scope and substance, which is derived from primary and
secondary European Union law. It expends this with the relevant case-law of the Court of
Justice of the European Union, the European Court of Human Rights and the guidelines of some
other relevant international bodies.
The thesis analyses the procedural guarantees stemming from the right to be heard, according
to the stage at which the procedure is at, taking into account the procedural dimension of the
principle of non-refoulement. It discusses the conditions of the personal interview, the concept
of the duty to cooperate, the obligations of the authority in relation to the applicant’s statements,
the strict and rigorous scrutiny of the courts, the standard of proof and the use of secret
information in the proceedings, all in the context of the right to be heard.
It also discusses to some extent the practice of the Slovenian authorities, where in practice it is
found that they do not fully follow the developed standards of the right to be heard and points
to some legislative shortcomings. Specific shortcomings are evident in particular in the conduct
of personal interviews and the circumstances in which they take place.
The thesis draws attention to the broader concept of the treatment of applicants in the context
of an interdisciplinary approach and proposes a consistent and comprehensive respect of the
right to be heard at all stages of the asylum procedure.
|
