Expulsion of aliens, non-refoulement and issues related to
(administrative) discretion

k 2019

Expulsion of aliens, non-refoulement and issues related to (administrative) discretion

BOKOVÁ, Terezie, Radislav BRAŽINA, Soňa SKULOVÁ and Markéta BEDNÁŘOVÁ

Basic information

Original name

Expulsion of aliens, non-refoulement and issues related to (administrative) discretion

Authors

BOKOVÁ, Terezie, Radislav BRAŽINA, Soňa SKULOVÁ and Markéta BEDNÁŘOVÁ

Edition

EGPA 2019 Annual Conference, 2019

Other information

Language

English

Type of outcome

Prezentace na konferencích

Field of Study

50501 Law

Country of publisher

United Kingdom of Great Britain and Northern Ireland

Confidentiality degree

není předmětem státního či obchodního tajemství

Organization unit

Faculty of Law

Keywords in English

administrative discretion, non-refoulement, administrative expulsion

Abstract

V originále

Despite the notorious statement that states are, on the basis of their sovereignty, free to exercise their right to expel aliens, precluding them from further staying in their territory and entering it for a specified period of time again, the field of states’ discretion in the area of administrative expulsion of aliens is to a great extent limited through international human rights law. Building on the core principle of non-refoulement (and in particular the analysis of its content in case law of ECtHR), this paper presents its expression in Czech national legislation including also evaluation in which extent the Czech legislation meets the requirements of case law of ECtHR. Arguing that full compliance with the said principle requires appropriate institutional and procedural setting for administrative expulsion proceedings, it tries to identify possible shortcomings of the Czech approach, which is based on outsourcing the refoulement-risk assessment to an institution different from the one conducting the actual expulsion proceedings. In doing so, the paper relies on judicial reflection of the law and its application as well as a ‘mini study’ of administrative decisions. The authors also deal in this context with general issues of limits and principles of administrative discretion and their expression in relevant legislation, and administrative practice. Turning to comparative perspective, it looks into German and Austrian legal framework to see whether they are better or worse fitted for finding a solution to the central question: how to ensure that a state exercises its power to expel, but safely meets its international obligation under the principle of non-refoulement.

Links

MUNI/A/1337/2018, interní kód MU

Name: Správní vyhoštění s důrazem na správní uvážení a neurčité právní pojmy (Acronym: SVSDNSUANPP)

Investor: Masaryk University, Category A

Citovat

BOKOVÁ, Terezie, Radislav BRAŽINA, Soňa SKULOVÁ and Markéta BEDNÁŘOVÁ. Expulsion of aliens, non-refoulement and issues related to (administrative) discretion. In EGPA 2019 Annual Conference. 2019.

@proceedings{1568296,
   author = {Boková, Terezie and Bražina, Radislav and Skulová, Soňa and Bednářová, Markéta},
   booktitle = {EGPA 2019 Annual Conference},
   keywords = {administrative discretion, non-refoulement, administrative expulsion},
   language = {eng},
   title = {Expulsion of aliens, non-refoulement and issues related to (administrative) discretion},
   year = {2019}
}

TY  - CONF
ID  - 1568296
AU  - Boková, Terezie - Bražina, Radislav - Skulová, Soňa - Bednářová, Markéta
PY  - 2019
TI  - Expulsion of aliens, non-refoulement and issues related to (administrative) discretion
KW  - administrative discretion, non-refoulement, administrative expulsion
N2  - Despite the notorious statement that states are, on the basis of their sovereignty, free to exercise their right to expel aliens, precluding them from further staying in their territory and entering it for a specified period of time again, the field of states’ discretion in the area of administrative expulsion of aliens is to a great extent limited through international human rights law. Building on the core principle of non-refoulement (and in particular the analysis of its content in case law of ECtHR), this paper presents its expression in Czech national legislation including also evaluation in which extent the Czech legislation meets the requirements of case law of ECtHR. Arguing that full compliance with the said principle requires appropriate institutional and procedural setting for administrative expulsion proceedings, it tries to identify possible shortcomings of the Czech approach, which is based on outsourcing the refoulement-risk assessment to an institution different from the one conducting the actual expulsion proceedings. In doing so, the paper relies on judicial reflection of the law and its application as well as a ‘mini study’ of administrative decisions. The authors also deal in this context with general issues of limits and principles of administrative discretion and their expression in relevant legislation, and administrative practice. Turning to comparative perspective, it looks into German and Austrian legal framework to see whether they are better or worse fitted for finding a solution to the central question: how to ensure that a state exercises its power to expel, but safely meets its international obligation under the principle of non-refoulement.
ER  -

BOKOVÁ, Terezie, Radislav BRAŽINA, Soňa SKULOVÁ and Markéta BEDNÁŘOVÁ. Expulsion of aliens, non-refoulement and issues related to (administrative) discretion. In \textit{EGPA 2019 Annual Conference}. 2019.

Detailed Information on Publication Record