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Limitation of the Judicial Review of Foreigners' Detention

Publication at Faculty of Law |
2018

Abstract

The paper deals with the issue of judicial review of detention of foreigners. Czech legislation has recently undergone fundamental changes, which have also been followed by judicial practice.

The main objective of the paper is to address those changes and the approach recently taken by the Supreme Administrative Court in its decision-making practice. In this context, a preliminary question submitted to the CJEU by the Supreme Administrative Court and the Senators' proposal to abrogate the problematic provisions by the Constitutional Court will also be discussed.