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The Europeanisation of Asylum law
Pifflová, Viktorie ; Pítrová, Lenka (advisor) ; Říha, Michal (referee)
The Europeanisation of Asylum law Abstract The content of this thesis focuses on the development of the European Union asylum policy, as the youngest but fastest developing EU policy. As the field of asylum law is highly influenced by the incorporation of EU legislation into the national legal orders of the Member States, this legal area can be described as strongly Europeanised. This thesis aims to document the process of Europeanisation of asylum law through the construction of a regional subsystem of refugee protection in the European area, called the Common European Asylum System, or CEAS for short. The thesis is divided into an introduction, seven chapters and a conclusion. The first chapter explains the basic concepts with which the thesis works, as well as emphasizes the necessity to consider the field of asylum law through the prism of three layers which mutually influence and complement each other. These layers are of the international, EU and national law. For this reason, the most important international legal pillars supporting the EU asylum acquis are mentioned. The following chapters deal with the very concept of the Common European Asylum System and EU asylum policy, in an attempt to capture the underlying conceptual ideas behind the need to build this system. As the CEAS was built...
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Temporary dwelling of migrants-reception and residential center
Vondráková, Kateřina ; Dvořák, Miloš (referee) ; Nový, Alois (advisor)
The theme of diploma thesis is design of reception center and residential center in Brno city. These asylum facilities are first two steps to proceeding for granting international protection. Both of these facilities provide accomodation and other services, such as provide of meals, social and psychological services, legal help or clients can take part in wide range of free-time activites. Designed complex is located at Červený kopec in Brno-Štýřice and it consists of 6 building divided into three parts - reception center, residential center and central structures used by the both facilities, such as administration, kitchen and maintenance services.
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Italian Foreign Policy towards Libya in the Context of Externalization of Migration Control
Přeček, Marek ; Mejstřík, Martin (advisor) ; Kasáková, Zuzana (referee)
Since approximately the 1990s, the countries of southern Europe have been developing a policy of so-called externalization or transferring responsibility for immigration and asylum procedures and obligations to other countries, in response to the growing waves of immigration. Since the beginning of the century, Italy and Libya have been developing various forms of this cooperation, with dynamic changes based on the internal political situation in both countries. This thesis examines the development of the given policy on the part of Italy after what is probably the biggest qualitative shift in mutual relations, i.e. after the events of the Arab Spring and the change of the Libyan regime. The aim is therefore to analyze the nature and development of the conception of Italian foreign policy towards Libya in the area of migration, from the position of the executive leaders of this policy, i.e. the prime ministers and the ministers of the interior and foreign affairs of the governments of Matteo Renzi, Paolo Gentiloni and Giuseppe Conte (2014-2019). The research question therefore deals with whether the selected Italian governments have continuity in their conception of migration policy with the previous cabinets in the line of securitization and externalization of migration, and we can therefore talk...
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International legal protection of refugees persecuted for reasons of sexual orientation and gender identity
Bedaňová, Jana ; Lipovský, Milan (referee)
International Legal Protection of Refugees Persecuted for Reasons of Sexual Orientation and Gender Identity: A Critique of the Human Rights Approach Abstract This thesis examines the human rights approach to the interpretation of the definition of refugee by using the example of persons persecuted on the grounds of sexual orientation and/or gender identity (SOGI). The thesis focuses primarily on the European area and how a human rights approach to the interpretation of 'persecution' may be relevant to the practice of European Union states specifically in relation to SOGI refugees. The first part outlines the context of persecution of persons fors reasons of their SOGI. It examines the criteria by which SOGI is, and potentially can be, subsumed under the relevant grounds of persecution for refugee status. The second part outlines the different approaches to interpreting the concept of persecution and elaborates more on the so-called 'circumstantial' approach embodied by UNHCR. The third part is devoted to elucidating the doctrine of the human rights approach pioneered by James Hathaway and his book The Law of Refugee Status. The fourth part examines the approach of human rights monitoring mechanisms to failed asylum seekers fearing persecution on the grounds of SOGI. It analyses the decisions of the...
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Asylum law in the Czech Republic
Zajícová, Eliška ; Pítrová, Lenka (advisor) ; Kryska, David (referee)
Asylum law in the Czech Republic Abstract The thesis deals with the regulation of granting international protection to refugees in the Czech Republic. Asylum law is regulated by both the Asylum Act and the Temporary Protection Act, and given the nature of international protection, which falls under the exclusive competence of the European Union, the EU regulation known collectively as the Common European Asylum System is also important. Finally, definitions based on international law, specifically the Geneva Convention relating to the Status of Refugees, are also crucial. International protection is granted to persons who, for fear of persecution or cruel treatment, have fled their home countries, which are unable to provide them with protection, or can directly cause the persecution. In the Czech Republic, the international protection is granted as asylum, subsidiary, or temporary protection, the last of which is currently the most visible and relevant because of the large-scale refugee wave from Ukraine. This thesis is divided into five chapters, with chapter one introducing the reader to the basic concepts of asylum law, including a brief description of its rich history. The second chapter lists and describes a relatively large number of relevant legislations. The third chapter aims to guide the reader...
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The Balkan migration route in the French context and a translational analysis of selected terminology from the field of refugees law with a glossary
DOBRUŽSKÁ, Naomi
The main objective of this thesis is to assess the significance of the Balkan migration route in France in the context of the European migration crisis of 2015. The secondary objective is to analyse selected terms in the field of refugee law. The thesis is divided into two main parts, theoretical and practical. The first chapter is dedicated to the introduction and the last, the tenth, to the conclusion. The second chapter deals with migration in general, its characteristics and types, causes and consequences, together with the refugee terms. The third chapter deals with the international legal regulation of migration and its regulation in both the Czech and French legal systems. The content of the fifth chapter deals with the European migration crisis of 2015, thanks to which awareness of the Balkan migration route has spread. The sixth chapter focuses on the Czech republic's relationship to this crisis. Chapter seven, the last one of the theoretical part, discusses the possible impacts in France related to the Balkan route. The practical part contains a translatological analysis of selected terminology in the field of refugee law. This lexical part also contains a French-Czech glossary.
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Negative decisions on international protection in the light of judicial review
Hrdlička, Vladan ; Pítrová, Lenka (referee)
Negative decisions on international protection in the light of judicial review Abstract The presented work analyzes the decision-making practice of Czech courts in cases of rejected applications for international protection in the Czech Republic. It covers the decision-making paragraphs of the Czech Asylum Act so that the reader can get an idea of the functioning of the asylum system in the Czech Republic. The work aims to be practical and in many places the study of selected cases focuses on controversial moments, in which the court comes to the opposite conclusion than the administrative body. The right to asylum is enshrined in Article 43 of the Charter of Fundamental Rights and Freedoms and the Asylum Act is an integral part of the Czech legal system. In a detailed analysis of the merits of disputed cases, the submitted work will present the closest possible profile of an applicant for international protection, who is close in his fate to an asylum-relevant persecuted person, as well as a foreigner who is threatened with serious harm if returning to his country of origin or last permanent residence. The legal institute is always mentioned and subsequently disputes that have been intercepted by the Czech administrative courts during the review of the defendant decisions are traced to it. The selected...
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Asylstreit - Dispute over the Asylum and Refugee Policy in Germany
WINKLEROVÁ, Lenka
The bachelor's thesis deals with the dispute over the asylum and refugee policy in Germany between the CSU and CDU political parties from the beginning of the dispute in 2015 until the escalation in 2018. First, the thesis summarizes the development of asylum policies in the Federal Republic of Germany and the current attitude of the German government in this respect. Following chapters explore the beginning of the dispute during the refugee crisis and its next development in the years to come, including the escalation in 2018 and the resulting compromise between the German coalition government of the Union and the SPD that settled the dispute. The thesis also analyses the attitudes of the individual political subjects, the aftermath of the dispute and the further development of the asylum policy both in the Federal Republic of Germany and the European Union.
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Vývoj informovanosti české společnosti o fenoménu migrace po roce 1989
SKUHRAVÁ, Tereza
This bachelor thesis is focused on the development of Czech society's awareness of the phenomenon of migration after the year 1989. It examines and describes current information about migration, economic migration, illegal migration, legal migration, asylum and refugees. It solves the current problem of migrant admission both to European countries and to the Czech Republic. It deals with both private and state-based organizations which try to help people. These people found themselves in a situation when leaving their native country is the only right way how to help themselves. The main reasons are financial stringency, persecution or others which might lead to danger of their lives and stay in their native country. The next part deals with the phenomenon ofmigration in the group of teachers in chosen elementary school. The primary school in Lnáře, located in the South Bohemian Region, was chosen for research in this work. It was performed investigation and questioning using interview which contained 13 questions in order to obtain information. 3 questions out of 13 are directed to respondents' information and the rest to the issue of immigration. The aim of this practical part is to compare the views of a chosen sample of teachers with data published by organizations on a global scale (Center of Public Opinion, Eurobarometer).
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