New Legal Framework for International and Additional Protection
The Slovak Republic is entering a new phase of regulating migration and asylum issues based on the proposal of the Act on International Protection and on the Amendment and Supplementation of Certain Acts (hereinafter referred to as "the draft act") submitted by the Ministry of the Interior of the Slovak Republic. This represents a comprehensive legislative reform that goes beyond mere cosmetic adjustments to existing regulations, reflecting commitments arising from the Reform of the Asylum and Migration Policy of the European Union.
The introduction of the reform at the European Union level brings the obligation to implement nine regulations of the European Parliament and of the Council and to transpose one directive (EU 2024/1346). Given the repeated multiple amendments to Act No. 480/2002 Coll. on Asylum and on the Amendment and Supplementation of Certain Acts, the proponent considers it more effective to draft a new legal regulation. This step aims to modernize the asylum system and align it with the law of the European Union.
The draft act introduces several fundamental changes, including the replacement of terms such as "application for granting asylum" with "application for granting international protection," "repeated application" with "subsequent application," and "provision of complementary protection" with "granting of additional protection," thereby unifying legal terminology with European standards. At the same time, it introduces a new institute of proceedings for granting international protection at the borders with a decision-making period of 12 weeks, or 16 weeks in justified exceptional cases, which requires effective cooperation between administrative and judicial authorities. The possibility of restricting the freedom of movement of applicants is linked to the right to free legal advice and the obligation to record audio recordings of interviews, thereby increasing the transparency of the proceedings. The granting of asylum and additional protection for an indefinite period is connected with the unification of the residence status to permanent residence, while excluding the entitlement of citizens of EU member states to accommodation and care in asylum facilities. The proposal also affects other legal regulations, including the Act on the Residence of Foreigners, the Administrative Judicial Code, and the Act on Travel Documents.
In the Act on the Residence of Foreigners, the relationship between proceedings on asylum at the borders in the case of a rejected application for international protection and proceedings on return at the borders is regulated. Police officers are granted the authority to verify third-country nationals, including the definition of circumstances and means of verification, while the list of reasons for detaining applicants for international protection is expanded. The unit for the detention of foreigners will be obliged to inform foreigners in writing about their placement, extension of detention, and reasons, including a separate detention regime, and cooperation between institutions and police units in the deportation of foreigners is improved. In the case of administrative deportation, a judicial remedy will be introduced instead of the previous two-tier administrative proceedings.
In the Administrative Judicial Code, the concept of decisions and measures in asylum matters is defined, deadlines for filing an administrative lawsuit in asylum proceedings are adjusted, specific provisions for proceedings on asylum and return at the borders are added, and judicial review of decisions on entry bans, whether standalone or as part of a deportation decision, is governed by the provisions of the fourth part of the Administrative Judicial Code. In other laws, the scope of healthcare for minor applicants is amended under the Act on Health Insurance, the public defender of rights will perform the role of an independent monitoring mechanism under EU Regulations 2024/1356 and 2024/1348 pursuant to the Act on the Public Defender of Rights, and a travel document for a foreigner will be issued only to an asylee granted asylum due to persecution under the Act on Travel Documents.
