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Proceedings for the granting of international protection
Mašková, Barbora ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
The thesis deals with procedure of asylum and additional protection granting in the Czech Republic. The thesis focuses on characteristic features of the process; primarily the proceeding the application of protection and asylum granting by official authorities. To a certain extent, the thesis copes with substantive law; it defines terms of refugee and asylum law. It enumerates and characterizes the mentioned terms in connection with the process of the asylum and protection granting in the Czech Republic. Impact of the European Union law on the Czech internal law is also discussed.
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Right to decision in international protection proceedings within reasonable time period
Mašlej, Jiří ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The thesis discusses deadlines for decisions issuing in proceedings on international protection, especially within the frame of procedure for granting of international protection status. This analysis compares current legal situation with the situation before the amendment to the Asylum Act by the Act No. 314/2015 Coll., effective from December 18th, 2015, which reflects jurisprudence, literature and administrative practice in the field. It further elaborates interpretation of certain vague legal concepts which manage the international protection of vital importance, such as "reasonable period", "without undue delay", "factual and legal complexity." The study discusses -from the applicant's perspective - means of the protection against inactivity and compares their efficiency. The thesis aims to monitor and evaluate a common phenomenon of the administrative practice, the failure to meet deadlines, altogether with extension of the deadline in the application proceedings due to the exceptional circumstances, which has become the standard procedure rather than an exception. My goal is also to raise a question whether the fundamental rights of the applicants for the international protection (who are considered to be vulnerable individuals in a difficult life situation), guaranteed by the Charter and...
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Current issues of judicial proceedings in cases of international protection
Křižáková, Markéta ; Kryska, David (advisor) ; Rajchl, Jiří (referee)
The aim of the diploma thesis "Current issues of judicial proceedings in cases of international protection" is the evaluation whether the amendment of Asylum Act sufficiently fulfils requirements of the procedural Directive 2013/32/EU regarding the right to effective remedy. Namely these requirements are full and ex nunc examination of both fact and points of law that composes large part of this thesis, suspensive effect and time limits. In order to reach the goal of this thesis several questions are given which one of them relates to the right to effective remedy in international, European and national law. Hence the chapter two deals with the right to effective remedy in European Convention on Human Rights, Convention against Torture and International Covenant of Civil and Political Rights same as in EU Charter of Fundamental Rights and Charter of Fundamental Rights and Freedoms of the Czech Republic. Afterwards the thesis presents the main principles of administrative judiciary such as cassation principle and principle ex tunc and specifics of judicial proceedings in cases of international protection. Crucial part of the thesis is the chapter four that analyses above mentioned requirements of procedural Directive 2013/32/EU and transposition of these requirements by the amendment of Asylum Act....
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Proceedings for the granting of international protection
Mašková, Barbora ; Vopálka, Vladimír (advisor) ; Prášková, Helena (referee)
The thesis deals with procedure of asylum and additional protection granting in the Czech Republic. The thesis focuses on characteristic features of the process; primarily the proceeding the application of protection and asylum granting by official authorities. To a certain extent, the thesis copes with substantive law; it defines terms of refugee and asylum law. It enumerates and characterizes the mentioned terms in connection with the process of the asylum and protection granting in the Czech Republic. Impact of the European Union law on the Czech internal law is also discussed.
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