Crossing Slovak Borders: Border Defence and Illegal Migration

Abstract

Since the establishment of the Slovak Republic in 1993, it has faced migration flows that have had a considerable effect on the protection of Slovak state borders (internal and external), the legal regulation of illegal migration, and the provision of international protection to those in need. The aim of this study is to analyse the role, competence, and procedures of relevant Slovak authorities regarding border defence and illegal migration, and the related possibility of detaining foreigners. Apart from illegal migration, this study analyses situations in which an illegal migrant claims to be a refugee in the course of the procedure. The analysis focuses primarily on the relevant Slovak legislative acts, mainly the Act on Asylum, the Act on the Residence of Foreigners, and the Act on the Police Force, as well as the subsequent jurisprudence of the Supreme Court of the Slovak Republic and the Constitutional Court of the Slovak Republic, which also reflects on the applicable European Union legislation, as well as international treaties in the analysed areas.