КОНСТИТУЦИОННОПРАВНИ АСПЕКТИ НА ТРАНСПОНИРАНЕТО НА ЧЛЕН 23 ОТ ДИРЕКТИВА 2013/32/ЕС НА EВРОПЕЙСКИЯ ПАРЛАМЕНТ И НА СЪВЕТА В РЕПУБЛИКА СЛОВАКИЯ
CONSTITUTIONAL ASPECTS ON LEGISLATIVE TRANSPOSITION OF ARTICLE 23 OF THE EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE 2013/32/EU IN THE SLOVAK REPUBLIC
Author(s): Soňa KošičiarováContributor(s): Slavka Dimitrova (Editor)
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, International Law, International relations/trade, Security and defense
Published by: Бургаски свободен университет
Keywords: asylum; right to fair trial; right to effective remedy; right to be heard; national security; DIRECTIVE 2013/32/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013
Summary/Abstract: Author pays her attention to the particularities of the asylum procedure, especially to the security aspect, which has to be taken into account, when assessing the applicant's person in deciding his/her application for international protection. The administrative body has to obtain information from the intelligence services and, on the basis of their opinion, decide on the application in question.Member States may make an exception where disclosure of information or sources would jeopardize national security, the security of the organizations or person(s) providing the information or the security of the person(s) to whom the information relates or where the investigative interests relating to the examination of applications for international protection by the competent authorities of the Member States or the international relations of the Member States would be compromised. The method of transposing this exception into the Asylum Act has become the subject of the case at the Constitutional Court of the Slovak Republic.
Journal: Юридически сборник
- Issue Year: XXVI/2019
- Issue No: 1
- Page Range: 70-78
- Page Count: 9
- Language: Bulgarian