THE SAFE THIRD COUNTRY CONCEPT UNDER INTERNATIONAL, EUROPEAN AND LAW
OF THE REPUBLIC OF SERBIA Cover Image

КОНЦЕПТ СИГУРНЕ ТРЕЋЕ ЗЕМЉЕ – УСАГЛАШЕНОСТ ДОМАЋЕГ ПРАВА И ПРАКСЕ СА МЕЂУНАРОДНИМ СТАНДАРДИМА
THE SAFE THIRD COUNTRY CONCEPT UNDER INTERNATIONAL, EUROPEAN AND LAW OF THE REPUBLIC OF SERBIA

Author(s): Bojana Čučković
Subject(s): Constitutional Law, International Law, EU-Legislation
Published by: Правни факултет Универзитета у Београду
Keywords: Safe third country concept; Asylum; Non-refoulement principle; List of safe third countries;

Summary/Abstract: The erroneous implementation of the safe third country concept by the competent authorities is identified as the main defect of the asylum system in Serbia. The concept serves as the most frequently used basis for rejecting asylum applications without examining the eligibility of an asylum seeker for the recognition of asylum. The result of such a practice is a surprising fact that there have been no recognized refugee statuses during the four years of enforcement of the 2007 Law on Asylum. The safe third country concept is analyzed from the perspective of Serbian legislation, recent case law of Serbian Administrative Court as well as Serbia’s practical capacity to provide asylum seekers with adequate protection. The analysis suggests that Serbia fails to implement relevant international and European standards. This remark is of particular significance if considered in light of the recently acquired official candidate status for European Union membership.

  • Issue Year: 60/2012
  • Issue No: 2
  • Page Range: 327-349
  • Page Count: 23
  • Language: Serbian