Open AccessExpulsion of aliens, non-refoulement and issues related to (administrative) discretion
Author(s) -
Terezie Boková,
Radislav Bražina,
Soňa Skulová,
Markéta Bednářová
Publication year - 2021
Publication title -
institutiones administrationis
Language(s) - English
Resource type - Journals
ISSN - 2786-1929
DOI - 10.54201/iajas.v1i1.11
Subject(s) - czech , obligation , discretion , german , human rights , political science , directive , administration (probate law) , core (optical fiber) , key (lock) , dead end , law , business , law and economics , psychology , economics , computer science , social psychology , computer security , history , telecommunications , philosophy , linguistics , archaeology , compensation (psychology) , programming language
One of the outcomes of the 2015–2016 migration crisis in the EU is the urgent need perceived to enhance the effectiveness of forced return procedures, including administrative expulsion. However, given the core human rights obligation of non-refoulement, the push for effectiveness needs to be balanced against procedural safeguards preventing “overly effective” proceedings. The example of the Czech Republic shows that an institutional arrangement could significantly undermine the effectiveness of the proceedings when paired with undue conduct of the administration, such as the improper risk of a refoulement assessment. The article argues that the key to effectiveness does not necessarily lie with speedy procedures, but rather with a pragmatic design of the procedures, as can be concluded from a comparison of the Czech and German approaches.