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National Repository of Grey Literature 2 records found  Search took 0.01 seconds. 
Detention of foreigners
 Hametová, Andrea ; Kryska, David (advisor) ; Svoboda, Petr (referee)
Administrative detention of migrants Resumé The aim of this thesis was to critically evaluate the institute of administrative detention of migrants and decide whether it is and appropriate, proportionate and necessary measure or if it has become obsolete considering the development of recent years and whether it would be appropriate to replace it with more effective alternatives. In the first part of the thesis I have critically evaluated the legal framework regarding administrative detention of migrants. I analysed the impact of international law with the emphasis of human rights, laid out the rules as stated by fragmented European law directives and regulations. The most detailed analysis is of Czech legal framework, including mentions of its most problematic points both from past and present. Next I considered the nature of the institute as an administrative law instrument used to restrict someone on his personal liberty. Considering the insufficiency of mere legality as a criterion of legality and legitimacy of administrative detention, I evaluated the aims and purposes of the administrative detention of migrants. In the last part of the thesis I have raised some critical points against current legal framework and practice. I point out the abuse of administrative detention for other than legally stated...
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Aim and purpose of the migration-related detention
 Vítová, Šárka ; Kryska, David (advisor) ; Svoboda, Petr (referee)
The aim of the thesis is to answer the following question: What is the aim and the purpose of the migration-related detention? The question is further specified in four sub-questions provided in the introduction. Given that the essence of the detention is the deprivation of personal liberty as one of the fundamental human rights, the practice of detaining migrants in the Czech Republic seems to be in conflict with the personal liberty guarantees stipulated by the constitutional laws of the country, the Charter of Fundamental Rights of the European Union and several international human rights treaties. Resolutions of this conflict requires that such conditions are identified, under which the restriction of personal liberty is permissible. The list of conditions is provided in the thesis, including a legitimate purpose of the restriction of the fundamental right. Any restrictive practice must be capable of achieving this purpose and must not be misused for a purpose other than this. Subsequently, the thesis identifies aims of the different types of migrated-related detention, provided by the Czech laws - the Police Act, Aliens Act and the Asylum Act. The immediate aim pursued by detaining an alien is often to prevent him from obstructing a particular legal proceeding or action. The thesis also deals with the...
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