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Monitoring of forced returns > Fundamenal legal regulations

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Fundamental legal regulations

1. International law and law of the European Union

  • International Covenant on Civil and Political Rights (Decree of the Ministry of Foreign Affairs No. 120/1976 Coll.)
  • Convention on the Protection of Human Rights and Fundamental Freedoms, as amended by subsequent protocols (Communication of the Federal Ministry of Foreign Affairs No. 209/1992 Coll.),
  • Council Regulation (EC) No. 343/2003 (the so-called Dublin II Regulation), which establishes the criteria and mechanisms for determining the Member State responsible for examining and asylum application lodged in one of the Member States by a third-country national,
  • Directive 2008/115/EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (the so-called “Returns Directive”),
  • Council Directive 2003/110/EC on assistance in cases of transit for the purposes of removal by air,
  • Council Decision No. 2004/573/EC on the organisation of joint flights for removals from the territory of two or more Member States, of third-country nationals who are subjects of individual removal orders,
  • Multilateral international treaties on the surrender of citizens, e.g. Communication of the Federal Ministry of Foreign Affairs No. 553/1992 Coll., on the Convention of the Transfer of Sentenced Persons and Communication of the Ministry of Foreign Affairs No. 26/2003 Coll. of int. treaties, on the Adoption of Additional Protocol to the Convention on the Transfer of Sentenced Persons,
  • Bilateral international treaties (readmission agreements) on the surrender of citizens, e.g. Communication of the Ministry of Foreign Affairs No. 26/2008 Coll. of int. treaties, on the Readmission of Citizens of Both States.

2. Domestic law

Laws
  • Act No. 349/1999 Coll., on the Public Defender of Rights, as amended,
  • Act No. 326/1999 Coll., on the Residence of Foreign Nationals, as amended,
  • Act No. 325/1999 Coll., on Asylum, as amended,
  • Act No. 273/2008 Coll., on the Police of the Czech Republic, as amended,
  • Act No. 40/2009 Coll., the Criminal Code, as amended,
  • Act No. 141/1961 Coll., the Rules of Criminal Procedure, as amended.
Subordinate legislation
  • Binding Instruction of the Police President No. 159 of 2 December 2009 on escorts, the guarding of persons and police cells, as amended by Binding Instruction of the Police President No. 171 of 31 December 2010,
  • Binding Instruction of the Police President No. 8 of 21 January 2009, which regulates transportation, carriage and use of weapons, coercive means and other dangerous items by members of the Police of the Czech Republic on aircraft,
  • Directive of the Director General of the Prison Service of the Czech Republic No. 11/2006 on prison and judicial guard,
  • Directive of the Director General of the Prison Service of the Czech Republic No. 50/2008 on the procedure of employees of the Prison Service of the Czech Republic in keeping records of imprisoned persons and managing administration related to custody, service of a sentence or service of a punitive measure (on the management of prison administration).

 

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