scholarly journals Asylum Proceedings in the Czech Republic During the Migration Crisis

2020 ◽  
Vol 25 (39) ◽  
pp. 44-56
Author(s):  
Petr Černý

AbstractThe article deals with the fundamental problems that emerged on the territory of the Czech Republic during the implementation of the asylum procedure throughout the migration crisis in the years 2015 to 2019. Problematic issues related primarily to the detention of migrant asylum seekers were identified by studying the key decisions of national and international courts. The first problematic point was the amendment to the Asylum Act, which required the courts to discontinue proceedings on the review of detention orders after the foreign national was released from detention. Due to the conflict with EU law and the impossibility to claim damages for unlawful detention, this amendment was finally annulled by the Constitutional Court. The second problem was that the factual conditions for asylum seekers in the EU Member State where the asylum seeker was to be transferred for the purpose of processing his/her asylum application, were not examined. In this regard, the situation had since been rectified and the administrative authorities and courts of the Czech Republic already take this aspect into account when deciding whether an asylum seeker detained on the territory of the Czech Republic is to be transferred to the country where he/she applied for asylum. The most serious problem is so far incomplete transposition of the Procedures Directive, in particular Article 46 of the Procedures Directive, which requires from the court to review the decisions on asylum in full jurisdiction and could possibly grant asylum itself. However, this requirement does not correspond to the concept and system of administrative courts in the Czech Republic and would require a significant and costly change. The last issue identified was the poor implementation of the Dublin III Regulation, involving not setting serious risk of absconding of an asylum seeker as a precondition for his/her detention directly in the law.

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Ivo Šlosarčík

AbstractBefore the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established for transfer of competencies to an external entity, all framed by the explicitly formulated constitutional principle of loyalty to the international obligations of the Czech Republic. However, the ‘European amendment’ of the Czech Constitution has left several important issues unanswered, such as the principle of supremacy of the EU law or relations between the Czech Constitutional Court and the Court of Justice of the EU.This article analyses how the Czech Constitutional Court tackled with EU-related constitutional issues that emerged during the first decade of Czech membership in the EU. Focused on four key cases decided by the Czech Constitutional Court (sugar quotas, European Ar­rest Warrant, Lisbon Treaty, Slovak Pensions), the article will demonstrate how the Czech Constitutional Court combined a conservative and pragmatic approach in its EU law related case-law by formulating a constitutional doctrine of a ‘EU-friendly’ interpretation of Czech constitutional rules, while, at the same time, leaving the EU law formally outside the frontiers of Czech constitutional law and refusing EU law to be used as the ultimate argument in intra-judiciary disputes in the Czech Republic.


2018 ◽  
Vol 24 (2) ◽  
pp. 194-199
Author(s):  
Diana Ivanova

Abstract The migration crisis and related challenges for the future of the Schengen area are some of the main problems facing the EU. The opinion of the Visegrad Four on this issue, however, seriously differs from that of Brussels. Poland, Hungary, the Czech Republic and Slovakia are firmly against the quota principle in the allocation of migrants. The aim of this article is to present the migrant crisis as a top priority during the fifth in the history Polish rotating presidency of the Visegrad Four - from July 1, 2016 to June 30, 2017. This objective will be realized through the implementation of basic tasks - analysis of the documents adopted at the forums of the organization, and the views of leading politicians from the Visegrad countries


Author(s):  
Ivo Zdráhal ◽  
Věra Bečvářová

The aim of the paper is to evaluate the development of the Czech foreign trade in milk and milk products and specify the typical features and consequences within its territorial and commodity structure using a specific system of indicators intended to show a relevant image on the topic. The analysis covers the period between 1999 and 2015 and are interpreted in the context of changes of the business environment that have occurred in the last two decades, particularly in relation to the Czech Republic’s entry into the European Union. Throughout the studied period, the Czech Republic revealed a positive balance of trade in milk and dairy products, as well as favourable values of TC index (value of coverage of import by export). The dynamics of the territorial structure of export and import is embodied in the overall trade dynamics between the Czech Republic and countries of EU-28. The Czech Republic’s entry into the EU common market, however, led to a change in the trading milk product structure. As a negative is regarded the fact that the structure of Czech export to the EU countries has changed and that is mainly concentrated on basic raw milk or dairy products of the first phase of processing with relatively low added value.


Author(s):  
Pavel Kotyza ◽  
Josef Slaboch

Being a member of the EU, today the Czech Republic is not entirely dependent on domestic production of food and farming commodities. Since borders inside the EU are open, particular commodities can flow without any tariff measures. But food self-sufficiency belongs to internal factors of national security and therefore it deserves sufficient attention. The aim of this article is to evaluate, based on an analysis, the self-sufficiency rate of the Czech Republic and Poland in selected commodities of crop production between marketing years 2000/2001–2009/2010, with special attention to the most important and cultivated commodities – basic cereals, oilseeds, corn and potatoes. Based on analyses of self-sufficiency rate it can be concluded, that both countries can be considered as stabilised with restpect to rate of self-sufficency of selected crops – none of the presented groups falls under 80%. For most described commodities the trend of self-sufficiency rate in the Czech Republic and Poland is stabilised or growing. Only production of potatoes is coming close to critical treshhold in CZ, therefore national strategies should be put in place to maintain the self-sufficiency rate above the critical limit. After an analysis of internation trade it can be concluded that the Czech Republic is specialised exporter of not-processed commodities but country significantly falls behind Poland in competitiveness of processing of commodities.


Author(s):  
Jiří Sedlo ◽  
Pavel Tomšík

The paper describes strategic changes in the structure of grapevine (Vitis vinifera L.) varieties grown in the Czech Republic. In 2004–2005, (i.e. after the admission of the Czech Republic into the EU) expenditures associated with restructuralisation and transformation of vineyards amounted for CZK 25,423 thous. The authors examine the development taking place in this domain within the last 50 years (i.e. from 1960 to 2010) and pay detailed attention to the period of 1989 to 2010. The paper analyses reasons of these changes and tries to describe the future development expected after 2010. The current production potential of the Czech Republic are 19,633.45 hectares of vineyards. For the time being, there are in average 1.07 wine growers per hectare of vineyards. As compared with 1960, the acreage of vineyards has doubled up and the number of the most frequent varieties has also increased. Within the period of 1989–1990, four varieties (i.e. Müller Thurgau, Green Veltliner, Italian Riesling and Sankt Laurent) occupied more than 60 % of the total vineyards area in the Czech Republic, whereas at present there are altogether 8 varieties (Müller Thurgau, Green Veltliner, Italian Riesling, Rhein Riesling, Sauvignon, Sankt Laurent, Blaufrankish, and Zweigeltrebe) at the nearly the same acreage.As far as the percentages of Müller Thurgau, Green Veltliner, Italian Riesling and Sankt Laurent varieties is concerned, it is anticipated that their acreages will further decrease, whereas those of Rhein Riesling, Sauvignon, Blaufrankish and Zweigeltrebe are expected to grow. The industry is under pressure of all Porter’s five forces of competition from external sources.


Significance A significant rise in Afghan refugees is unlikely over the coming weeks due to geographical barriers, but European governments are bracing themselves for a significant rise over the coming months. Greek Migration Minister Notis Mitarachi says the EU is not prepared for another migration crisis. Impacts With upcoming elections, Germany and France will be wary of taking in large numbers of refugees. Division over immigration could damage EU cooperation in other areas, such as climate change or fiscal policy. The strongest opposition to migration burden-sharing is likely to come from Austria, Czech Republic, Hungary and Poland.


2018 ◽  
pp. 57-83
Author(s):  
Conor O'Dwyer

This chapter presents a framework for understanding the consequences of hard-right electoral breakthrough for the framing of homosexuality and LGBT rights. It begins by describing the extant framings of homosexuality under late communism in Poland and the Czech Republic. It then compares how the differing electoral success of hard-right political parties over the course of the EU accession process led to differing degrees of reframing homosexuality in both countries. In Poland, hard-right mobilization transformed the framing of LGBT rights by linking them with EU accession, which it portrayed as a threat to national identity. Because the Czech Republic did not experience hard-right backlash, the predominant framing of LGBT rights did not become as closely identified with the EU. The final part of the chapter moves from framing contests to frame resonance by presenting a quantitative content analysis of LGBT issues in both countries’ press from 1990 through 2012.


2009 ◽  
Vol 55 (No. 11) ◽  
pp. 519-533 ◽  
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová

The Common Agricultural Policy has been implemented in order to guarantee the appropriate life quality for farmers and to preserve the European heritage. Costs of its realization amounted to 40% of the EU budget. The EU has not established the same conditions for all member states. The aim of the paper is to assess the influence of agricultural subsidies and the structure of production on the incomes of agricultural holdings and their comparison with the largest producers in the EU with similar production structure. The shift-share analysis is used. Different amount of subsidies according to the type of farming together with increasing subsidy rate may influence the type of farming. Therefore, it may cause a paradox that the structure of subsidies according to the type of farming will stimulate products that are currently suppressed. The difference in subsidies in comparison with the largest producers with a similar structure of agricultural production is significant for the Czech Republic and it is possible to compare it to the increase of the SAPS by 75%.


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