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@article{1802557, author = {Moraru, Madalina Bianca and Janků, Linda}, article_number = {23}, doi = {http://dx.doi.org/10.1163/15718166-12340103}, keywords = {detention; Dublin III Regulation; Return Directive; EU Charter of Fundamental Rights; European Convention of Human Rights; strategic litigation; Czech Public Defender of Rights (Ombudsman); Court of Justice of the European Union}, language = {eng}, issn = {1388-364X}, journal = {European Journal of Migration and Law}, title = {Czech Litigation on Systematic Detention of Asylum Seekers: Ripple Effects across Europe}, url = {https://brill.com/view/journals/emil/emil-overview.xml}, volume = {3}, year = {2021} }
TY - JOUR ID - 1802557 AU - Moraru, Madalina Bianca - Janků, Linda PY - 2021 TI - Czech Litigation on Systematic Detention of Asylum Seekers: Ripple Effects across Europe JF - European Journal of Migration and Law VL - 3 IS - 23 SP - 284-307 EP - 284-307 SN - 1388364X KW - detention KW - Dublin III Regulation KW - Return Directive KW - EU Charter of Fundamental Rights KW - European Convention of Human Rights KW - strategic litigation KW - Czech Public Defender of Rights (Ombudsman) KW - Court of Justice of the European Union UR - https://brill.com/view/journals/emil/emil-overview.xml N2 - This article investigates the development of national litigation against the Czech Republic’s governmental policy to detain asylum seekers under the Dublin III Regulation, as a means to address the so-called refugee crisis. The outcome of this litigation has been the preliminary ruling of the Court of Justice of the European Union in the Al Chodor case, which has been praised for enhancing domestic standards of protection of asylum seekers and returnees’ right to liberty across the EU. The article demonstrates that this preliminary ruling has been a catalyst for domestic legislative and jurisprudential reforms across the EU, improving to a certain extent the protection of the right to liberty of asylum seekers. However, it is argued that in the Czech Republic the case has not initiated a change in the legislation, nor has it reduced the systematic use of asylum detention. The article identifies some important legal, political and social factors from within and beyond courtrooms that have contributed to this ambiguous outcome of the Czech litigation. It concludes by identifying circumstances that need to be taken into account when using the preliminary reference procedure as a tool for strategic litigation. ER -
MORARU, Madalina Bianca a Linda JANKŮ. Czech Litigation on Systematic Detention of Asylum Seekers: Ripple Effects across Europe. \textit{European Journal of Migration and Law}. 2021, roč.~3, č.~23, s.~284-307. ISSN~1388-364X. Dostupné z: https://dx.doi.org/10.1163/15718166-12340103.
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