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Constitutional Review of Granting Citizenship Decisions with an Element of Threat to State Security

Publication at Faculty of Law |
2022

Abstract

The paper focuses on the constitutional review of problematic parts of Act No. 186/2013 Coll., on State Citizenship of the Czech Republic and on Amendments to Certain Acts. The provisions under review deal with naturalisation, i.e. the acquisition of Czech state citizenship by granting it, in cases where the applicant for citizenship is considered a threat to the security interests of the state by the Police or intelligence services.

The first part of the text presents this issue from the theoretical point of view as well as from the perspective of current administrative practice. The second part of the paper is devoted to the assessment of the constitutionality of the most frequently criticized provisions of Section 22(3) and Section 26 of the Act.

The complete evolution of the Czech Constitutional Court's decision-making in this matter is summarised and subsequently, the key aspects of the legislation are analysed separately. The work reflects on the current state of legislation and of the case-law and thus adds a contribution reflecting the recent changes in the decision-making activity of the Constitutional Court to the discussion on the issue, which to some extent may have influenced the overall assessment of the (un)constitutionality of the current legislation.