The Practice of the Slovak Constitutional Court Concerning Migration and Refugee Affairs

Abstract

The judicature of the Slovak Constitutional Court concerning migration and refugee affairs after the accession of the Slovak Republic to the EU has been diverse, covering several important issues. Remarkably, in 2023, the Court took a new turn on its ‘self-restraining approach’ in a case related to migration and refugee matters. The article concludes that the Slovak Constitutional Court has not linked migration or asylum issues to the issue of constitutional identity in its case law. From the material viewpoint, the case law of the Constitutional Court forms four key areas: 1) fundamental right not to be tortured or subjected to cruel, inhuman, or degrading treatment; 2) detention of foreigners; 3) an applicant’s right to comment on evidence; 4) right to respect for family and private life. The article features a summary of the main thrust of the flagship judgments with developmental arch (where possible). Finally, the study showed that the Slovak Constitutional Court regularly refers to the case law of the European Court of Human Rights and of the Court of Justice of the EU.