Publication details
Azylové právo v judikatuře českých soudů
| Authors | |
|---|---|
| Year of publication | 2019 |
| Type | Chapter of a book |
| Citation | |
| Description | : The paper focuses on the amendment to the Asylum Act in the Czech Republic in 2017, which amendment introduced a new paragraph into the Act on Asylum under the provisions of Section 46a, which severely restricted access to court for asylum seekers. The author in this article outlines the basic problems this provision causes and underlines the unconstitutionality of the wording of such a clause. The provision substantially affects the fundamental human rights of applicants and, above all, the fundamental right to a fair trial. Part of the paper is the current case law of both the Supreme Administrative Court and the Constitutional Court. The contribution is in the final part deals with the current finding of the Constitutional Court dated 27 November 2018, sp. Zn. Pl. ÚS 41/17, which repealed the above mentioned provision of the Asylum Act. |