Specifics of Administrative Judicial Protection in Cases of Non-grant of International Protection in the Czech Republic

Frumarová, Kateřina (2024) Specifics of Administrative Judicial Protection in Cases of Non-grant of International Protection in the Czech Republic. CENTRAL EUROPEAN JOURNAL OF COMPARATIVE LAW, 5 (1). pp. 137-159. ISSN 2732-0707

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Abstract

The Ministry of the Interior, a state administration body, of the Czech Republic decides regarding granting asylum or international protection. The procedure is single-instance, without the possibility of a proper remedy. However, an unsuccessful applicant can defend himself within the framework of administrative justice, where he has two related means of protection at his disposal. First, a lawsuit against the decision of the Ministry of the Interior, which is decided by the regional courts; and second, a cassation complaint against the decision of the regional court, which is decided by the Supreme Administrative Court. Although several specifics apply to judicial protection in matters of international protection (e.g. in relation to deadlines, priority hearing or ex lege suspensive effect), the most significant specific is the unacceptability of a cassation complaint. In a situation where the cassation complaint does not significantly exceed the complainant’s (foreigner’s) own interests, the Supreme Administrative Court will reject it without dealing with the merits of the case. Therefore, this is a significant limitation of access to judicial protection. This study deals with the essence and reasons for the introduction of this institute, its suitability in asylum law, as well as its conformity with constitutional and international legal standards in this area.

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