The issuance of a return decision to a foreigner in Slovenia is a new special administrative
procedure, which has not yet been specifically studied. The legal ground for the issuance
of the return decision represents the Foreigners Act, which has been adopted in 2011 and
has taken over the provisions of the Return Directive. The later was adopted with the aim
of enabling successful returns throughout the EU, while ensuring the unification of rights
of foreigners in return procedures, particularly to grant foreigners the right to an effective
remedy and judicial review of the decision of the administrative bodies.
In the Master's thesis, I used the descriptive and analytic method to study the existing
legal ground, procedural as well as material provisions, which interfere with the issuance
of a return decision. I particularly compared the issuance of the decision in Slovenia with
the same procedure in the Republic of Croatia. I thoroughly studied the work methods of
the Slovenian Police in the issuance of the discussed decision and used inductivedeductive
methods to present the phases of its issuance. In the empirical research in the
Master’s thesis, I used the analytic and comparative method to compare the decisions,
issued by the Police, with the decisions, issued by second instance bodies, and judgments
in court proceedings.
The main finding of the Master’s thesis is that the procedure of issuing a decision is far
from being a simple administrative procedure, which is for the past few years due to
ensuring the right to family reunification and the assessment of the principle of nonrefoulement
even no longer effective.
In the conclusion of the thesis, I suggested more improvements in the case of normative
provisions as well as the practice of issuing return decisions.
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