Publication details

Dokazování v kontextu požadavku na úplný a ex nunc přezkum v azylovém řízení: nové výzvy (nejenom) pro české správní soudy?



Year of publication 2016
Type Article in Proceedings
Conference Zborník z medzinárodnej vedeckej konferencie „Bratislavské právnické fórum 2015“
Field Law sciences
Keywords procedures for granting international protection, asylum, full and ex nunc review, evidence
Description The revised Procedures Directive, i. e. directive 2013/32/EU of the European parliament and of the Council on common procedures for granting and withdrawing international protection, imposes to the Member States the obligation to ensure that an effective remedy provides for a full and ex nunc examination of both facts and points of law of the case, at least in appeals procedures before a court or tribunal of first instance. Transposition of this obligation is a challenge also for the Czech administrative judiciary, which is based on the principle of the cassation. The contribution focuses on the analysis of the influence of an obligation to provide full and ex nunc review on the taking of evidence before the administrative courts in asylum matters and on the possible problematic aspects related to the new concept of judicial review. The contribution deals with legal aspects in the context of full and ex nunc review, as well as with selected practical aspects of taking of evidences. The contribution focuses primarily on the situation in the Czech Republic; however it deals also with the comparison of impact of more extensive of judicial review on Slovak legal regulation.
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