Theory and Practice of Returning Irregular Migrants in the Czech Republic

Zorková, Eva (2023) Theory and Practice of Returning Irregular Migrants in the Czech Republic. LAW, IDENTITY AND VALUES, 3 (2). pp. 365-384. ISSN 2786-2542 (print); 2786-3840 (online)

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Abstract

Irregular migration is an extremely dynamic area, and it is difficult to predict its development. At the same time, it is a phenomenon that can fundamentally threaten internal stability and security in destination countries. The central question of the present article is what the authorities in the Czech Republic do with migrants or expelled (rejected) asylum seekers who are irregularly present in the territory of the Czech Republic. Thus, the actual practice of deportation is the central question of this study. This article focuses on readmission agreements that are binding in the Czech Republic and analysis, the issue of irregular transit migration and its consequences. Additionally, this article highlights deportation proceedings, starting from the least to the most repressive practices. The least repressive forms of deportation are the the commonly called departure order, the decision on the obligation to leave the territory, and the commonly called voluntary returns. Considering the repressive methods of deportation in the Czech Republic, the most frequently applied form of deportation is based on administrative law and related to detention facilities. Finally, the case law of the Constitutional Court of the Czech Republic is analysed, as it plays a significant role in the field of irregular migration and deportation.

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