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A.A. v Republic of Slovenia – I U 1686/2020-126

Status FINAL
Court Administrative Court
Relevant Law Art. 4, 18, 19, 51, 52 EU Charter of Fundamental Rights; Art. 3 ECHR; Art. 4 Protocol 4 to the ECHR; Arts. 2, 6, 8 Directive 2013/32/EU; Arts. 2, 4, 6 Directive 2008/115/ES; Art. 18 Constitution; Art. 64 Aliens Act (ZTuj-2); Art. 35 International Protection Act (ZMZ-1); Arts. 4, 30, 40, 66 Administrative Dispute Act (ZUS-1); Art. 64 Police Tasks and Powers Act (ZNPPol)
Year 2020
Found for Applicant (partially)

The case concerned a Cameroonian national (A.A.) who was extradited from Slovenia to Croatia without an individual treatment. The Court found a violation of Article 18 and Articles 19(1)(2) of the EU Charter of Fundamental Rights, as the applicant was not individually examined in accordance with the prohibition on collective expulsion, so that the police could have properly examined and assessed his personal circumstances or given him the opportunity to defend himself by arguing against the return to Croatia and as the applicant was not given the opportunity to make use of an interpreter, to have access to legal assistance in connection with the conduct of the return proceedings and to be informed of the return proceedings in Croatia or of the consequences of those proceedings, and was handed over to Croatia at the end of the proceedings. The Court also emphasised that as long as the competent border authorities have not determined whether the applicant is an applicant for international protection, Procedural Directive 2013/32/EU is applicable and only if they are not, the Return Directive 2008/115 shall apply.