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Refusal of Citizenship due to State Security: Should Applicants Know the Reasons?

Publication at Faculty of Law |
2017

Abstract

The aim of this article is to analyze the rule contained in § 22 (3) of the to grant citizenship does not include a standard reasoning but due to protection of classified information it only states that an application was denied because of a threat to state security. This classified information is not part of a file and the applicant and his representative do not have access to information.

The article provides an overview and reasoning behind the rule. It compares the rule with a security clearance procedure according to the Act No. 412/2005 Coll., on the Protection of Classified Information.

The paper argues that the security clearance procedure provides more suitable approach related to the protection of classified information and rights of the applicant. This is supported by the case-law of the Supreme Administrative Court and the Constitutional Court cited in the article.

It offers a better method for balancing individual interests.