Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2020/0116(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 16 July 2020

To: Delegations

No. prev. doc.: 9092/20

**Brussels, 17 July 2020**
**(OR. en)**

**9769/20**

**SCH-EVAL 86**
**MIGR 74**
**COMIX 321**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2019 evaluation of **Slovenia** on
the application of the Schengen acquis in the field of **return**

Delegations will find enclosed the Council Implementing Decision setting out a Recommendation

on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application of the

Schengen acquis in the field of return, adopted by written procedure on 16 July 2020.

In line with Article 15(3) of Council Regulation (EU) No 1053/2013 of 7 October 2013, this

Recommendation will be forwarded to the European Parliament and national Parliaments.

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Council Implementing Decision setting out a

**RECOMMENDATION**

**on addressing the deficiencies identified in the 2019 evaluation of Slovenia on the application**

**of the Schengen acquis in the field of return**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an

evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen **[1]**, and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The purpose of this Decision is to recommend to Slovenia remedial actions to address the

deficiencies identified during the Schengen evaluation in the field of return carried out in

2019. Following the evaluation, a report covering the findings and assessments, listing best

practices and deficiencies identified during the evaluation was adopted by Commission

Implementing Decision C(2020) 249.

(2) To ensure compliance with the Schengen _acquis_ on return, notably with the standards and

procedures set by Directive 2008/115/EC **[2]**, priority should be given to implement

recommendations 1, 3, 4, 5, 6, 8, 9, 10 and 11.

**1** OJ L 295, 6.11.2013, p. 27.
**2** OJ L 348, 24.12.2008, p. 98.

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(3) This Decision should be transmitted to the European Parliament and to the parliaments of

the Member States. Within three months of its adoption, Slovenia should establish, pursuant

to Article 16 (1) of Regulation (EU) No 1053/2013, an action plan listing all

recommendations to remedy any deficiencies identified in the evaluation report and provide

that action plan to the Commission and the Council,

RECOMMENDS:

that the Republic of Slovenia should:

1. amend the relevant provision of national law, notably the Aliens Act, to ensure that return

decisions impose a clear obligation on illegally staying third-country nationals to leave

Slovenia in order to return to a third country within the meaning of Article 3(3) of Directive

2008/115/EC; take immediate measures to adapt accordingly the content of return decisions

issued to illegally staying third-country nationals;

2. amend the relevant provisions of national law, notably the Aliens Act, to empower the

Administrative Units to extend, in accordance with Article 7(2) of Directive 2008/115/EC

and where necessary, the period for voluntary departure originally granted in the return

decisions issued to illegally staying third-country nationals, taking into account the specific

circumstances of each individual case;

3. discontinue the practice of the Administrative Units to systematically grant a period for

voluntary departure of the duration of 30 days to any third-country national subject to a

return decision, irrespective of the individual circumstances; take immediate measures to

ensure that the Administrative Units carry out an assessment of the specific circumstances of

the individual cases to determine the duration of the period for voluntary departure for the

return decisions that they issue;

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4. amend the relevant provision of national law, notably the Aliens Act, to establish an

exhaustive list of objective criteria upon which competent authorities shall base their

assessment to decide whether a third-country national poses a risk of absconding, in

compliance with Article 3(7) of Directive 2008/115/EC; take immediate measures to ensure

that the assessment on whether a third-country national poses a risk of absconding is based

only on the objective criteria established in national law;

5. amend the relevant provisions of national law, notably the Aliens Act, to ensure that the

Administrative Units systematically conduct an assessment of the risk of absconding for

deciding on whether to grant a period of voluntary departure to illegally staying third

country nationals, for determining the duration of such a period when granted and, where

justified, for imposing detention, in accordance with Articles 7 and 15 of the Directive

2008/115/EC;

6. amend the relevant provisions of national law, notably the Aliens Act, to clarify that entry

bans prohibit re-entry into the territory of Slovenia as well as of other EU Member States

and Schengen Associated countries, in accordance with the meaning of “entry bans” of

Article 3(6) of Directive 2008/115/EC; modify the content of entry ban decisions

accordingly;

7. widen the group of third-country nationals that can benefit from assisted voluntary return

and reintegration programmes, covering at least any illegally staying third-country national

subject to a return decision, notably those subject to a return decision issued by the

Administrative Units; take measures to further inform all target groups about the existence

and possibility to use such programmes, including illegally staying third-country nationals

not yet subject to a return decision and those undergoing procedures for obtaining a permit

or right to stay;

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8. provide systematically to third-country nationals consistent and clear information on the

possibilities and the modalities to appeal against return decisions issued by the

Administrative Units, to ensure access to an effective remedy in accordance with Article 13

of the Directive 2008/115/EC;

9. ensure that an oral or written translation of return decisions issued by the Administrative

Units is systematically granted, free of charge, upon request of the third-country national

concerned, in compliance with Article 12(2) of Directive 2008/115/EC; take measures to

ensure that third-country nationals are informed about the possibility to request such a

translation free of charge;

10. take measures, including by amending the relevant provisions of the Aliens Act, to ensure

the availability of a wider range of alternatives to detention, notably measures that would be

better suited to address the type of irregular migration experienced by Slovenia; take

measures to ensure that the Police systematically assesses whether other measures less

coercive than detention could be sufficient and applied effectively in individual cases, in

accordance with Article 15 of Directive 2008/115/EC;

11. immediately discontinue the practice of placing unaccompanied minors in detention for

reasons other than the grounds for detention provided for by Article 15 of the Return

Directive; take immediate measures to ensure that adequate solutions are provided for

accommodating unaccompanied minors outside specialised detention facilities, in

accordance with Article 17;

12. amend national legislation to ensure that detention decisions are subject to an _ex officio_

judicial supervision in all cases of prolonged detention periods, notably when the detention

period exceeds three months, in accordance with Article 15(3) of Directive 2008/115/EC.

Done at Brussels,

_For the Council_

_The President_

____________________

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