Reflections on the Czech Republic’s Law on Foreigners
The policy concerning foreigners and the legal framework of this policy represent a specific area of law which regulates migration within a country’s territory. Because of the general public’s heightened sensitivity when it comes to migration, the inherent interests of the state and the interests of the migrants themselves, this area of law is subjected to manifold, intensive pressure from a variety of interest groups. The Czech Republic’s policy on foreigners developed in a number of phases, with the past six years being marked by a bureaucratic and formalistic concept of migration control. This approach has diminished the actual capability to control the phenomena of migration and proved to be prone to corruption. Apart from that, the law on foreigners is not living up to a number of constitutional obligations and is systematically belittling the human dignity of foreigners. Last but not least, the existing policy of foreigners cannot fulfill the goals in the area of migration that the Czech Republic vows to fulfill. It would be desirable to subject the country’s migration policy to a critical review within a few years and consider whether the current conceptual situation is favorable and whether there are different, more rational paths to follow.
The author is an attorney in Prague.
4. 11. 05
Zdroj: migrationonline.cz