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Expulsion of Aliens on National Security Grounds in the Context of International and European law
Válková, Zuzana ; Ondřej, Jan (referee) ; Honusková, Věra (referee)
This study deals with the expulsion of aliens in modern international and European law. I have focused on the particular ground for the expulsion, i. e. national security, in the context of the States' obligations under some selected international human rights instruments and the relevant European law. National security is one of the generally accepted grounds for the expulsion of aliens, but the content of this term is not strictly defined. As a consequence of this lack of clarity national security may be abused by States. I focused on such abuse in the process of expulsion when States use the exception of national security as a reason for not allowing aliens to benefit from the procedural guarantees provided by international law. There have been two kinds of abuse of the national security term with respect to the procedural rights of the expelled persons found in this study. First, States expel aliens forthwith without giving them the opportunity to submit reasons against their expulsion or have their case reviewed by a competent authority also in cases when the exception of national security is indefensible. Second, the national security interest restricts the effectiveness of the appeal proceedings in cases when the domestic legislative does not permit the expelled persons to be informed about...
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The Gap between Policy and Practice: Dublin Regulation III in Post-Overburdened Italy
Trabelsi, Ines ; Bernard Thompson Mikes, Antonin (advisor) ; Rood, Jan (referee)
Focused on procedural safeguards for asylum seekers contained within Dublin Regulation III (Articles 4 and 5), this thesis has the aim of understanding why Italian administrations are still not compliant with these rights, which are nevertheless guaranteed in directly applicable and immediately enforceable EU legislation. This study turns its attention to the enforcement obstacles, and explores the factors that might impede compliance with the law, some of which appeared less self-evident than others. Before proceeding to a technical on-the-ground analysis of the problem informed by expert interviews, the previously assumed argument of 'overburdened peripheral state' is first taken off the debate, since, as the thesis explains, due to recent policies, Italy has not been burdened during the last two years and yet has still been demonstrating lack of compliance. The results point to two clear distinct factors: a poor administration lacking staff, training and autonomy, as well as a lack of control and sanction from EU and National entities, and lack of litigation from below. Further results hinting at the potential existence of political interference in administrations' non-application of these articles have also been highlighted but not confirmed as those are in need of more thorough research....
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Europeanization of Criminal Law
Polách, Marek ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...
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The Gap between Policy and Practice: Dublin Regulation III in Post-Overburdened Italy
Trabelsi, Ines ; Bernard Thompson Mikes, Antonin (advisor) ; Rood, Jan (referee)
Focused on procedural safeguards for asylum seekers contained within Dublin Regulation III (Articles 4 and 5), this thesis has the aim of understanding why Italian administrations are still not compliant with these rights, which are nevertheless guaranteed in directly applicable and immediately enforceable EU legislation. This study turns its attention to the enforcement obstacles, and explores the factors that might impede compliance with the law, some of which appeared less self-evident than others. Before proceeding to a technical on-the-ground analysis of the problem informed by expert interviews, the previously assumed argument of 'overburdened peripheral state' is first taken off the debate, since, as the thesis explains, due to recent policies, Italy has not been burdened during the last two years and yet has still been demonstrating lack of compliance. The results point to two clear distinct factors: a poor administration lacking staff, training and autonomy, as well as a lack of control and sanction from EU and National entities, and lack of litigation from below. Further results hinting at the potential existence of political interference in administrations' non-application of these articles have also been highlighted but not confirmed as those are in need of more thorough research....
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Europeanization of Criminal Law
Polách, Marek ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Europeanization of Criminal Law This thesis deals with Europeanization of Criminal Law. The topic itself is broad, selected issues of Europeanization of Criminal Procedural Law are therefore emphasized. In the introduction, certain problems which accompany the Europeanization in a Criminal Law field are presented. The biggest obstacle is a close connection of Criminal Law with state sovereignty, which is something that states are reluctant to restrict in favour of European Union. Another hindrance to Europeanization is a difference among national criminal regulations, which make an achievement of a compromise regarding the harmonization harder. The first chapter concentrates on the terms Europeanization of Criminal Law, European Criminal Law and Criminal Law of the European Union. Their definition and differentiation is provided. The second chapter discusses in brief the evolution of Europeanization of Criminal Law prior to the adoption of Schengen treaties. The informal cooperation in criminal matters took place in this era. Unlike the one in the chapter three, which already addresses the formal cooperation in criminal matters. It describes gradual development from Schengen cooperation, through the cooperation under Maastricht, Amsterdam and Nice Treaty, up to the cooperation on the basis of...
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Expulsion of Aliens on National Security Grounds in the Context of International and European law
Válková, Zuzana ; Ondřej, Jan (referee) ; Honusková, Věra (referee)
This study deals with the expulsion of aliens in modern international and European law. I have focused on the particular ground for the expulsion, i. e. national security, in the context of the States' obligations under some selected international human rights instruments and the relevant European law. National security is one of the generally accepted grounds for the expulsion of aliens, but the content of this term is not strictly defined. As a consequence of this lack of clarity national security may be abused by States. I focused on such abuse in the process of expulsion when States use the exception of national security as a reason for not allowing aliens to benefit from the procedural guarantees provided by international law. There have been two kinds of abuse of the national security term with respect to the procedural rights of the expelled persons found in this study. First, States expel aliens forthwith without giving them the opportunity to submit reasons against their expulsion or have their case reviewed by a competent authority also in cases when the exception of national security is indefensible. Second, the national security interest restricts the effectiveness of the appeal proceedings in cases when the domestic legislative does not permit the expelled persons to be informed about...
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