Amendment To The Asylum Act And Certain Other Acts

Original Language Title: změna zákona o azylu a některých dalších zákonů

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=62507&nr=165~2F2006~20Sb.&ft=txt

165/2006 Sb.



LAW



of 16 December 2002. March 2006,



amending Act No. 325/1999 Coll., on asylum and on the amendment of Act No.

283/1991 Coll., on the police of the Czech Republic, as subsequently amended,

(asylum Act), as amended, and certain other laws



Change: 170/2007 Sb.



Change: 329/2011 Sb.



Change: 456/2010 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on asylum



Article. (I)



Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended by law No. 2/2002 Coll., Act No. 218/2002 Coll., Act No.

320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act No.

501/2004 Coll., Act No. 539/2004 Coll., Act No. 561/2004 Coll., Act No.

57/2005 Coll., Act No. 350/2005 Coll. and Act No 444/2005 Coll., is amended

as follows:



1. The title of part the first: "international protection".



2. in section 1 of the letters) to c) including footnote # 1:



"a) conditions for entry and residence of foreigners, which reflected an intention to ask the

The Czech Republic for international protection in the form of asylum or supplementary

protection in the territory of the Czech Republic (hereinafter referred to as "the territory"), and stay azylanta

or beneficiaries of subsidiary protection in the territory of ^ 1)



(b)) procedure for granting international protection in the form of asylum or supplementary

protection and management of any withdrawal of asylum or subsidiary protection



(c) the rights and obligations of an applicant) for international protection, azylanta

and beneficiaries of subsidiary protection in the territory,



1) Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum

the standards to be met by third-country nationals or persons

stateless, so that they can apply for refugee status or

persons who for other reasons need international protection and the content of

protection provided. ".



Footnote No. 1 is referred to as a footnote

No 1a, including links to a footnote.



3. In article 2 (2). 2, the second sentence shall be deleted.



4. In article 2, paragraph 2, the following paragraph 3 is added:



"(3) the application for international protection" means a request made

a stranger, for which it can be assumed that seeks to obtain asylum or

additional protection in the Czech Republic. ".



Paragraphs 3 to 9 shall be renumbered as paragraphs 4 to 10.



5. in article 2, paragraph 4, including footnote # 1b is inserted:



"(4) an applicant for international protection, for the purposes of this Act,

means an alien who has asked the Czech Republic for international protection,

or a foreigner who has submitted an application for international protection in another

Member State of the European Union, the Czech Republic is appropriate to its

the assessment. Status of the applicant for the procedure for granting international

protection and for the legal proceedings relating to the action against the decision of the

the Ministry under a special legal regulation ^ 1b), if this action

suspensory effect.



1B) Part 1 of title II of part three of the Act No. 150/2002 Coll., the civil procedure

Board. ".



Former footnote No. 1b and 1 c are referred to as comments below

line no. 1 c and 1 d, including references to footnotes.



6. In section 2, paragraph 5, the following paragraph 6 is added:



"(6) a person enjoying subsidiary protection" means an alien who

does not meet the grounds for granting asylum in accordance with this law, but he was

granted subsidiary protection, for a period of validity of the decision granting the

additional protection. ".



Paragraphs 6 to 10 shall be renumbered as paragraphs 7 to 11.



7. In § 2 paragraph 7 is added:



"(7) persecution for the purposes of this Act, shall be considered a serious

violation of human rights, as well as measures affecting psychological coercion or

other similar negotiations, if they are implemented, supported, or other guests,

State authorities, parties or organisations controlling the State or a

a substantial part of its territory in the State whose national is a citizen,

or the State of the last habitual residence in the case of a person without the State

citizenship. Persecution is regarded as the acts of private persons

in the first sentence, if it can be shown that a State party or organization

including international organisations, controlling the State or a substantial part of the

its territory are not able to adequately protect against

such offences. ".



8. in article 2, paragraph 11 is added:



"(11) the Decision of the Department of international protection, for the purposes

This Act, the decision to grant asylum or subsidiary protection

the decision on the refusal of international protection, the decision to stop the

proceedings, the decision rejecting the application for international protection

as manifestly unfounded and the decision to withdraw the asylum or supplementary

protection. ".



9. the title of title II is: "the Declaration of intention to request the INTERNATIONAL

PROTECTION, VISA AND TRANSPORT FOREIGNERS INTO THE ASYLUM ".



10. In the title of § 3, the words "seekers" are replaced by the words "of the international

the protection of ".



11. in section 3, paragraph 3. 1, the words "for asylum (hereinafter referred to as the" Declaration on asylum ")"

replaced by the words "for international protection (hereinafter referred to as the" Declaration of

international protection ")".



12. in paragraph 3 of the text at the end of paragraph 1, the words "or before the

threatening serious harm ".



13. in section 3, paragraph 3. 2 the words "the Declaration on asylum" shall be replaced by

"The Declaration of international protection".



14. in section 3a, § 3b of the paragraph. 1, § 3 c para. 1, section 3d para. 1, § 3 para. 1, §

3F, 3 g, § 4, paragraph 4. 1, section 4A(1). 1, section 4 c, section 10, paragraph 1. 2 and 5, § 40, § 57

paragraph. 1, § 71 para. 1 (b). and), § 73 para. 1, § 87 para. 5 and section 93 para.

1 (b). and) the words "Declaration on asylum" are replaced by the words "a declaration of

international protection ".



15. in section 3b of the paragraph. 1, § 3 c para. 1, § 3 para. 4, § 3, 4b, section 8 (a). (b)),

§ 10, 10a, 10b, 10 c, 12, § 13 para. 1, section 14, 15, 16, section 20 (2). 1 (b).

and, § 23), 23b, 24, § 24a para. 2, § 25, 31a, 32, 33, § 34 paragraph 1. 2, §

41, 42, 42a, 43, 44, 45, 46, 47, 48, 49, 49a, § 50a paragraph. 1, § 54 para.

1 (b). and, § 54a), 55, 56, section 56a para. 2, section 56b, 57, 58, § 71 para. 1,

4 and 5, § 72, § 73 para. 2 (a). and), § 77, 79, § 80 para. 4, § 81 para.

2, § 82, § 85a of paragraph 1. 2, section 85b of paragraph 1. 2, § 87 para. 8, Section 87a paragraph 1. 1, §

88, 88b, § 89 paragraph 1. 1, § 89a, section 92b para. 1, § 93 and section 93a paragraph 1. 1, the

the word "asylum" are replaced by the words "international protection".



16. The heading of title III is added: "the MANAGEMENT of international protection".



17. in paragraph 8 (b). a), the words ' the granting and withdrawing of asylum "shall be replaced by

"the granting of international protection and to control the withdrawal of asylum or supplementary

the protection of ".



18. in paragraph 9, the words ' the granting or withdrawal of asylum "shall be replaced by" grant

international protection and on the procedure for the withdrawal of asylum or subsidiary protection ".



19. in section 10, paragraph 1. 3 the third sentence, the words "or g)" shall be replaced by "or

(h)) ".



20. in section 10, at the end of paragraph 3 the following sentence "2-year deadline is further

does not apply to the submission of applications for the granting of international protection a stranger,

in proceedings on administrative expulsion kept under a special

law ^ 4) decided that his departure from the national territory is not

possible. ".



21. In the heading of section 10 (a) of the word "asylum" are replaced by the words "the grant of

international protection ".



22. In the heading of section 10b is the word "asylum" is replaced by "grant

international protection ".



23. In the heading of section 10 c, the words "asylum" is replaced by "grant

international protection ".



24. In paragraph 11, the words "withdrawal of the asylum", the words "or additional

the protection of ".



25. In paragraph 12 (a). (b)) after the word "race" is inserted after the word "gender".



26. in § 13 para. 2 (a). (d)), "§ 2 (2). 9 ' is replaced by the text "section 2 of the

paragraph. 10. "



27. in paragraph 2, the following new section 14a and 14b, which including the following titles:



"The reasons why the granting of the supplementary protection



§ 14a



(1) supplementary protection shall be granted to an alien who does not meet the grounds for

asylum, if in the procedure for granting international protection found

in his case, there are reasonable grounds for concern that if it was a stranger returned to

State of which he is a citizen of, or in the case that the person without

citizenship, in the State of their last permanent residence, he would

running the real risk of serious harm referred to in paragraph 2 and that cannot or

not willing to take advantage of such a risk due to the protection of the State of which the

citizen, or their last habitual residence.



(2) the serious injury is under this Act shall be deemed to



a) death penalty or execution,



b) torture or inhuman or degrading treatment or punishment of the applicant

for international protection,



(c)) serious or life-threatening human dignity by reason of indiscriminate

violence in situations of international or internal armed conflict,

or



(d)) if the departure is contrary to the international obligations of the

Of the Czech Republic.



section 14b



Additional protection for the purpose of family reunification



(1) a family member of the beneficiary of subsidiary protection in the

the event worthy of special consideration, grants additional protection for the purpose of

family reunification, although in the procedures for granting international protection will not be in

his case found grounds for its grant.



(2) a family member for the purpose of family reunification in accordance with paragraph 1

means the



and the husband of the beneficiary) of subsidiary protection,



b) unmarried child beneficiaries of subsidiary protection, which is under the age of 18

years of age,




(c) a parent of the beneficiary) subsidiary protection, which is under the age of 18 years,

or



d) adult responsible for the unaccompanied minor under §

2 (2). 10.



(3) a prerequisite for the granting of subsidiary protection, for the purpose of family reunification

spouse of the beneficiary of subsidiary protection is the duration of the marriage prior to the

the granting of the supplementary protection of foreigners.



(4) in the case of a polygamous marriage, where the person has already enjoying

additional protection of the spouse living with him in the territory of the Czech Republic,

cannot be granted subsidiary protection, for the purpose of family reunification, to another person,

that is according to the law of another State, the husband of the beneficiary of

additional protection. ".



28. In the heading of paragraph 15, the words "asylum" shall be replaced by

"international protection".



29. in the introductory part of the provisions of paragraph 15, the words "in article 12" shall be replaced

"or 13".



30. In paragraph 15 (b). (c)), the words "is guilty of offences" shall be replaced by "

committed offences ".



31. in paragraph 15 of the present text shall become paragraph 1 and the following

paragraphs 2 and 3 shall be added:



"(2) on foreigners, which encourages to commit the offences referred to in paragraph

1 or to commit them, are involved, paragraph 1 shall apply mutatis mutandis.



(3) the Asylum also cannot be granted if the



and enjoys the protection of or) alien support from other institutions or professional

organizations of the United Nations than the High Commissioner;

If there is no protection or support for any reasons in addition granted

the persons for whose status is not yet finally decided according to

the provisions of the relevant decisions of the General Assembly of the Organization

the United Nations, subject to the provisions of this Act,



(b)) is the alien is recognized by the competent authorities of the country where he had settled as in

the place of his permanent residence, the person granted the rights and

obligation equivalent to nationality of such State; It

does not apply if the State in which he is threatened with persecution under section 12. ".



32. in paragraph 15 of section 15a shall be inserted:



"§ 15a



(1) Supplementary Protection under section 14a or 14b cannot be granted, even if they are

identified the reasons referred to in § 14a, but there is reason to suspect that

a foreigner who has submitted an application for international protection,



and) committed a crime against peace, a war crime or

a crime against humanity as defined in international documents

containing provisions relating to these offences,



b) committed a particularly serious crime,



c) has been guilty of acts that are contrary to the principles and objectives of the Organization

the United Nations, or



d) represents a danger to the security of the State.



(2) on foreigners, which encourages to commit the offences referred to in paragraph 1

or to commit them, are involved, paragraph 1 shall apply mutatis mutandis.



(3) the addition of additional protection cannot be granted to an alien who, outside the territory of the

has committed one or more criminal offences other than offences

referred to in paragraph 1, if the State has left, of which he is a citizen of, or

in the case of persons without citizenship state its last permanent

resident only in order to avoid criminal prosecution for them, for

provided that it comes to deeds, for which it would be possible in the Czech Republic

custodial sentence. ".



33. In article 16(1). 1 (b). (f)) and g), the words "in article 12" are replaced by the words "in §

12 or 14 bis ".



34. In article 16(1). 1 (b). I), the word "may" shall be replaced by "may" and

the words "part of the State" with the words "taking into account the personal

the situation of the applicant for international protection ".



35. The heading above paragraph 17 reads: "the reasons for withdrawal and termination of asylum or supplementary

the protection of ".



36. In § 17 paragraph 2. 1 at the end of subparagraph (f)), the word "or" shall be deleted,

the end of subparagraph (g)), the dot is replaced by a comma and the following points (h)) to

j) are added:



"h) holder should be or is excluded from the possibility of granting asylum for reasons of

under section 15,



I) there are reasonable grounds to consider azylanta a danger to

security of the State, or



j) holder was finally convicted of a particularly serious criminal offence and

thus represents a danger to the security of the State. ".



37. In article 17, after paragraph 1, insert a new paragraph 2 is added:



"(2) in assessing the reasons referred to in paragraph 1 (b). f) and (g))

shall take into account whether the change of circumstances is so significant and permanent in nature,

that the reasons for which it was granted asylum, azylantovi no longer be considered

justified. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



38. In article 17, the following paragraph 5 is added:



"(5) if the holder who has been granted asylum in order to merge

the family should be or is excluded from the possibility of granting asylum for reasons of

referred to in section 15, or if he was convicted of a particularly serious

offence and thus represents a danger to national security, asylum is

him be withdrawn. ".



39. under section 17 of the new section 17a shall be inserted, as follows:



"§ 17a



(1) Supplementary Protection is granted under section 14a is to be withdrawn if the



and) the circumstances that led to the granting of the supplementary protection are no longer present or

have changed to such an extent that they no longer supplementary protection isn't needed,



(b)) a person enjoying subsidiary protection should have been or is excluded from

additional protection options grant for the reasons listed in section 15a, or



c) misrepresentation or omission of facts, including the

the use of counterfeit or forged documents, were decisive for the

the granting of the supplementary protection.



(2) in assessing the reasons referred to in paragraph 1, the Ministry will take into account

as to whether the change of circumstances is so significant and permanent in nature, that the person

eligible for subsidiary protection no longer there is no risk that they will suffer

a serious injury.



(3) termination of the reason for which was granted additional protection for

the purpose of family reunification, and if found to be another good reason for considerations

for her leaving, additional protection for the purpose of family reunification shall

be withdrawn.



(4) If a person enjoying subsidiary protection in order to merge

the family should have been or is excluded from subsidiary protection grant

for the reasons listed in section 15a, additional protection is to be withdrawn. ".



40. section 18, including footnote No. 6 reads as follows:



"section 18



International protection shall cease



and azylanta) the death or beneficiaries of subsidiary protection or

the statement azylanta or persons enjoying subsidiary protection for the dead,



(b)) the granting of citizenship of the Czech Republic ^ 6) azylantovi,



c) by a written declaration azylanta or beneficiaries of supplementary

protection of surrender of asylum or subsidiary protection, or



(d)) the expiry of the permission to stay in the territory granted to the person

beneficiaries of subsidiary protection (section 53a).



6) Act No. 40/1993 Coll. on acquisition and loss of citizenship

The Czech Republic, as amended. ".



41. In section 19 para. 1, section 20 (2). 2, § 31a, § 32 para. 1 and 5, § 34 paragraph 1. 1,

§ 58 para. 1 (b). (d)), § 72 para. 2 and section 81a of paragraph 1. 2 the words "in the case

asylum "shall be replaced by" in the case of international protection ".



42. In article 20 (2). 1 at the end of subparagraph (a)) the word "or" shall be deleted,

the end of paragraph (b)), the period shall be replaced by "or", and the following

subparagraph (c)), which read as follows:



"(c)) a person enjoying subsidiary protection, with which the proceedings have been initiated

the withdrawal of the supplementary protection. ".



43. In section 21 para. 1 and § 22 para. 1 the words "asylum" be deleted.



44. In the heading of section 24, the words "asylum" is replaced by "grant

international protection ".



45. In § 24 para. 2 the fourth sentence, the words "the asylum procedure" shall be replaced by

the words "procedures for granting international protection".



46. section 28 is added:



"section 28



(1) the international protection is granted in the form of asylum or subsidiary protection;

If the Ministry finds in its decision that are filled with reasons

for asylum under section 12, 13 or 14, grants asylum on a priority basis.



(2) if the Department Finds reasons to grant or one of the forms

international protection, it shall justify its decision with regard to the two forms of

international protection.



(3) If a decision on withdrawal of the asylum, Ministry of the decision

indicate whether the foreigners be granted subsidiary protection ".



47. In the title of § 31a, ' in matters of asylum ' are replaced by ' within the

case of international protection ".



48. In the heading of title IV, the words "in the case of asylum ' are replaced by ' within the

case of international protection ".



49. In § 37 para. 3 the words "asylum" is replaced by "area

international protection ".



50. In the heading of part 1 of title VII is the word "asylum" shall be replaced by

"international protection".



51. In § 41 para. 2 (a). a) and section 56a para. 2 the words "the refusal of asylum"

replaced by the words "the lack of international protection".



52. In the heading of section 45, the term ' asylum ' is replaced by

"international protection".



53. In § 46 para. 7, after the words "residence permit" is inserted after the word "permanent".



54. In § 50a paragraph. 2, after the word "learn" the words "in the mother

language or in the language in which it is able to communicate, ".



55. in Title VII shall be inserted in part 2, part 3, including title

added:



"Part 3



The rights and obligations of persons enjoying subsidiary protection



§ 53a



(1) the Ministry of the beneficiary of subsidiary protection status shall be granted permission to

stay in the territory for a period of time when it is threatened with serious injury pursuant to § 14a,

but at least for 1 year, and during that time it issues a license permission to

a stay that the formalities the § 60a. Insist if the reasons for which it was


subsidiary protection is granted, or if the reasons are referred to in § 17a,

This time the Ministry, at the request of the beneficiary of subsidiary protection

to be filed no later than 30 days before the expiry of the period to which it is supplemental

the protection granted, repeatedly extended, always at least 1 year; at the same time

the period of validity of the licence extends right to stay of the beneficiary of

subsidiary protection. Unless the Ministry about the request at the time of

the validity of the permission to stay in the territory, granted permission

to stay in the territory until the effective date of the decision of the Ministry of

request. If the application is lodged within the time limit prevents the reasons on the will

the alien's independent, is entitled to the claim within 3 working days after

the disappearance of these reasons.



(2) the Ministry of the person enjoying subsidiary protection shall instruct in writing in

native language or in the language in which it is able to communicate,

its rights and obligations no later than 3 days from the date of acquisition of legal

the decision on the grant of supplementary protection.



§ 53b



A person enjoying subsidiary protection is required to



and to report to the Department of fact, significant) for maintaining supplementary

protection,



(b)) to protect a pass right to stay beneficiaries of subsidiary protection

and travel document from damage, destruction, loss, theft or

abuse; in the event that these circumstances have occurred, it is obliged to immediately

It is reported to the police,



(c) proof of permission to reside) persons enjoying subsidiary protection

demonstrate to the competent authorities their identity or other facts

a licence under the Act,



(d) commit the right to stay) to beneficiaries of subsidiary protection and

travel document to the police in the event of withdrawal or termination of supplementary protection.

In the case of termination of supplementary protection of the grounds mentioned in section 18 (a). and)

has this obligation to a person enjoying subsidiary protection card

transmitted, or the one who has found a card,



e) commit the invalid document issued under this Act, the police,



f) notify the police stay outside longer than 365 days,



g) to submit to an identification tasks pursuant to section 47, are given legitimate reasons

for the withdrawal of the additional protection.



§ 53 c



A person enjoying subsidiary protection, for the purpose of providing health

care considered a person with permanent residency in the territory. ".



The present part 3 is renumbered as part 4.



56. In paragraph 56, the "azylanta" the words ", permission to

stay of persons enjoying subsidiary protection ".



57. The heading of title VIII: "the LICENCE applicant for the GRANTING of INTERNATIONAL

PROTECTION, RESIDENCE PERMIT, IDENTITY CARD AZYLANTA PERMISSION TO STAY

BENEFICIARIES OF SUBSIDIARY PROTECTION, TRAVEL DOCUMENTS ".



58. In the heading of part 1 of title VIII, of the word "asylum" are replaced by

the words "international protection".



59. In the title of § 58, the word "asylum" are replaced by the words "the grant of

international protection ".



60. In paragraph 58, the following paragraph 3, including the footnotes.

9 d:



"(3) If a licence holder is present and fully acknowledges the grounds for invalidity

the licence applicant for international protection, the State of things

referred to in paragraph 2 as the authority competent to issue the issue of a certificate

command on the site ^ 9 d). The preamble of the command replaces the manuscript

signed by the cardholder's statement that, with the decision on the invalidity of

the licence agreement. By signing the Declaration, the command becomes final and

enforceable decisions. This fact must be the holder of

advised in advance.



9 d) section 150 of the administrative code ".



61. In section 59 paragraph 1. 2 with the word "police" is replaced by "Ministry".



62. In article 59 paragraph 2. 4, the words "the competent Police Department by location

the reporting stay azylanta "shall be replaced by" the Ministry ".



63. In section 60, the following paragraph 3 is added:



"(3) If a licence holder is present and fully acknowledges the grounds for invalidity

the residence permit card azylanta, the State of things

paragraph 2 under the proven and the authority empowered to issue the licence, issue the command

on the site ^ 9 d). The preamble of the command is replaced by a hand-signed

holder's statement that, with the decision on the invalidity of licence

agrees. By signing the Declaration, the command becomes final and

enforceable decisions. This fact must be the holder of

instructed in advance. ".



64. in title VIII, the following is inserted after part 2, part 3, including title

added:



"Part 3



License permission to stay to beneficiaries of subsidiary protection



§ 60a



(1) a pass right to stay beneficiaries of subsidiary protection is

public document, which proves the person enjoying subsidiary protection

your name and surname, date and place of birth, status, country of citizenship,

social security number, information about the granting of subsidiary protection status and place of residence of the reporting

in the territory.



(2) the licence, permission to stay to beneficiaries of subsidiary protection

the Ministry at the request of persons enjoying subsidiary protection details

its children under 15 years of age in the range name, last name, date of

of birth and place of residence in the territory.



(3) Licence right to stay shall issue to beneficiaries of subsidiary protection,

entries in it performs, and its prolonged by the Ministry.



section 60b



Nullity of license right to stay of the beneficiary of the supplementary

the protection of the



(1) a pass right to stay beneficiaries of subsidiary protection is

invalid if



and there was a reason) as referred to in § 58 para. 1,



(b)) has the decision on the withdrawal of supplementary protection;



c) ceased to exist because of the additional protection referred to in section 18 (a). (c)), or

(d)).



(2) the invalidity of licence right to stay of the beneficiary of the supplementary

the protection of the authority competent to decide his release, if



and its holder) has changed considerably its form,



(b)) is corrupted so that the entries in it are illegible or is

seriously violated its integrity, or



c) contains incorrect information or changes.



(3) If a licence holder is present and fully acknowledges the grounds for invalidity

the licence, permission to stay to beneficiaries of subsidiary protection status shall be deemed

the status of the case referred to in paragraph 2 as the authority competent to issue

the licence shall issue a statement on the site ^ 9 d). The preamble is replaced with the command

hand-signed by the cardholder's statement that, with the decision

on the invalidity of licence, agrees. By signing the Declaration, the statement becomes

a final and enforceable decision. This fact must be

the holder of the licence in advance; ".



The existing parts 3 and 4 are designated as parts 4 and 5.



65. in paragraph 64, the following new section 64a, which including the title reads as follows:



"§ 64a



Travel document issued to the person enjoying subsidiary protection



The beneficiary of subsidiary protection status shall be issued a passport by aliens

special legal regulation ^ 4), if it is staying in the territory without a valid

the travel document and cannot get it in the State of which he is a

a resident, or in the case of persons without citizenship in the State of

the last permanent address. ".



66. In section 65 paragraph 1. 1, the words ', which shall cease to be "shall be replaced by the words" or

beneficiaries of subsidiary protection status who have lost the "and the words" the return of the

azylanta "the words" or a person enjoying subsidiary protection ".



67. In article 65 paragraph 1. 4, after the word "holder", the words "or a person

beneficiaries of subsidiary protection ".



68. In paragraph 68, the first sentence after the word "refugees", the words "and to persons

enjoying subsidiary protection ".



69. In paragraph 68 of the second sentence, after the words "of the Czech language and", the words "in the

the case of asylum seekers also. "



70. in section 70 paragraph 2 reads as follows:



"(2) the Ministry of education, youth and sports will make azylantovi or

the beneficiary of subsidiary protection offer the course of Czech language

no later than 30 days from the date on which the decision to grant a

asylum or subsidiary protection ".



71. In § 71 para. 1 (b). (b)), the term ' asylum ' is replaced by

"the granting of international protection of the place of residence of persons enjoying the additional

the protection of ".



72. In § 71 para. 1 (b). (c)), after the words "a complaint ^ 8a)" the words "

, persons enjoying subsidiary protection ".



73. In § 71 para. 1 (b). (d)), the term ' asylum ' is replaced by

"the granting of international protection to persons enjoying subsidiary protection".



74. In § 71 para. 5 after the word "complaint", the words "space

residence of persons enjoying subsidiary protection ".



75. In paragraph 71a is the word "asylum" are replaced by the words "the grant of

international protection of persons enjoying subsidiary protection ".



76. In the heading of section 72, the words "asylum" is replaced by "grant

international protection ".



77. In article 73, paragraph 3 reads:



"(3) an alien who is located in the reception center referred to in paragraph 1

at the time of the acquisition of the legal force of the decision granting the



and does not grant international protection),



(b)) the request to grant international protection is dismissed as manifestly unfounded,

or



(c)) procedure for granting international protection stops, this Centre

leave until travel outside. ".



78. In § 78 para. 1 introductory part of the provisions, the word "permanent" is deleted.



79. In § 78 para. 1 (b). (b)), the word "permanent" is deleted.



80. in paragraph 78, after paragraph 1 the following paragraph 2 is added:




"(2) the obligation provided for in paragraph 1 shall also apply to the person entitled to

additional protection of the Harbor Police stay. ".



Paragraphs 2 and 3 shall become paragraphs 3 and 4.



81. In paragraph 78, at the end of the text of paragraph 3, the words "or a person

beneficiaries of subsidiary protection ".



82. In § 78 para. 4, after the word "azylanta", the words "or a person

beneficiaries of subsidiary protection ".



83. § 78b including title:



"§ 78b



Stay on a visa to stay over 90 days for leave to stay in the territory



(1) the visa to stay over 90 days for leave to stay in the territory (hereinafter

"the visa for the purpose of prolonging the stay") grants the police at the request of foreigners,

who submits proof of filing a complaint against the decision of the Court of Cassation

on the action against the decision of the Department of international protection.

Visa for the purpose of prolonging the stay cannot be granted if the foreigner served

repeatedly appeal in cassation against the decision of the regional court, although

a complaint of Cassation against that decision was legally

decided, or if the alien in the territory he resides on the basis of the authorisation to

stay under a special legal regulation ^ 4).



(2) the time validity of the visa in order to leave to stay down on the police

as long as necessary, but no longer than for a period of 1 year. At the request of foreigners,

If there is a complaint of cassation proceedings terminated, the period of validity of the

visa application for leave to stay is extended, and it repeatedly.



(3) the validity of the visa for the purpose of prolonging the stay expires on the date of acquisition of the legal

the decision of the Court of cassation complaints or departure from the territory.

The police shall mark the demise of the validity of the visa for the purpose of prolonging the stay granted by the

foreigners and grants him an exit command is valid for a maximum period of 1

of the month. The alien is obliged to in order to indicate termination of validity of the visa

for leave to stay go to the police without undue delay

within 15 days of the effective date of the decision on the appeal

the complaint.



(4) to visa applications for leave to stay or extension

the period of its validity, an alien is obliged to submit



and) a travel document, if its holder,



(b) a document attesting to the existence of a reason) for issuing such a visa,



c) 3 photos; photos not be presented when applying for

extension of the period of validity, if not a significant change in his appearance.



(5) the visa for the purpose of prolonging their stay, extend the period of its

validity, or the demise of the validity of the designation and the granting of výjezdního

the police shall immediately inform the Ministry.



(6) at the request of the alien police of the validity of the visa in order to leave to stay

cancels.



(7) the legal status of foreigners in the territory on the basis of a visa

leave to stay is governed by special legislation ^ 4),

unless otherwise provided by this Act. ".



84. In § 85a of paragraph 1. 1 the words "Declaration on asylum" shall be replaced by

"Certificate of international protection".



85. In § 85a of paragraph 1. 1, after the words "the validity of the visa", the words "or

long-term residence permit ".



86. In § 85a of paragraph 1. 2 the words "the Declaration on asylum" shall be replaced by

"certificate of international protection".



87. In § 85a, the following paragraph 3 is added:



"(3) a foreign national who has made a Declaration on the international protection of or made a

application for the grant of international protection, under the conditions set

special legislation ^ 4) must remain in the device for

ensure foreigners. ".



88. In § 86 para. 1, the words "which was granted or withdrawn

asylum "shall be replaced by the words" which has been finally granted or withdrawn

some of the forms of international protection ".



89. In § 86 para. 2, the words "has been granted asylum" are replaced by the words "has been

granted some form of international protection ".



90. in § 86 para. 3 the words "and the number of asylum seekers" is replaced by ",

the number of asylum seekers and the number of persons enjoying subsidiary protection ".



91. In § 87 para. 3, after the words "withdrawal of the asylum", the words "or

subsidiary protection ".



92. In § 88 para. 3 the words "child born to azylantce"

replaced by the words "the applicant for international protection and his child

born in the territory, an alien who has been granted a visa for leave to

stay, and the child born on the territory and the child that is born

azylantce or the person enjoying subsidiary protection ".



93. In section 88a of the words "the grant of asylum and asylum holder is obliged to" be replaced by

the words "the grant of international protection status holder and beneficiary

supplementary protection shall be required ".



94. section 91 is repealed.



95. In article 91a, the words "part 3 except for section 61 para. 3 "shall be replaced by

"part 4".



96. In section 92b para. 1, after the words "leave to stay" the words "and on the

the procedure for the cancellation of the visa in order to leave to stay ".



97. In section 93 para. 2 (a). a), the words "of the asylum procedure" shall be replaced by

"procedures for granting international protection".



98. In section 93 para. 2 (a). e), the words "asylum seeker" shall be replaced by

"the applicant for international protection".



99. In paragraph 93, paragraph 3, the following paragraph 4 is added:



"(4) a person enjoying subsidiary protection commits the offence by



and tampers, destroys) or otherwise exploited a pass right to stay

beneficiaries of subsidiary protection or a travel document, or

damage, destruction, loss or theft of the card right to stay

or travel document immediately reported this to the police,



(b) fails to return without delay to the licence) right to stay of the beneficiary of

subsidiary protection or travel document to the police in the event of the withdrawal or

termination of supplementary protection,



(c) fails to forthwith invalid licence) permission to the person

beneficiaries of subsidiary protection or travel document to the police,



(d) notify the police stay out of) the territory of more than 365 days, or



(e)) will not tolerate acts of implementation identification (§ 53b). ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 5 and 6.



100. In section 93 para. 5 (b). a), the words "asylum" shall be replaced by

"the granting of international protection, license permission to a person

beneficiaries of subsidiary protection ".



101. In section 93 para. 6 is the number "3" by "4" and the number "4"

replaced by the number "5".



102. In Appendix 1, the title reads: "sample application for international

the protection of ".



103. In Appendix 1, paragraphs 11, 23 and 35, and the applicant's signature, the words

"asylum" is replaced by "international protection".



104. In Appendix 1, point 31, after the word "asylum", the words "or of the

the granting of international protection ".



105. in annex No. 2 of the licence reads as follows: "name CARD of the applicant for the GRANT of

INTERNATIONAL PROTECTION ".



Article II



Transitional provisions



1. An alien who is staying in the territory based on the barriers to travel

granted pursuant to § 91 of Act No. 325/1999 Coll., in the version in force until the date of

entry into force of this law, shall before the expiry date

visa to stay over 90 days or on the basis of long-term residence permit

for leave to stay at your next stay on the territory of edit by

Act No. 325/1999 Coll., in the version in force from the date of entry into force of

of this Act. On submission of the application for international protection is in

these cases, section 10(4). 3 of Act No. 325/1999 Coll., as amended effective

from the date of entry into force of this Act, does not apply.



2. applications for asylum which has not been lawfully by the Ministry

the effective date of this Act, shall be construed as

application for international protection pursuant to Act No. 325/1999 Coll., on

the version in force from the date of entry into force of this Act.



Article. (III)



The publication of the full text of the Act



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as a consequence of the changes made by later laws.



PART TWO



Amendment to the Employment Act



Article IV



Act No. 435/2004 Coll., on employment, as amended by law No 168/2005

Coll., Act No. 202/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005

Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005

Coll., Act No 444/2005 Coll. and Act No. 495/2005 is amended as follows:



1. In section 97 (a). (g)), the word "asylum" be replaced by the words "international

protection or who has been granted a visa to stay over 90 days for the purpose of

leave to stay ".



2. In paragraph 97, at the end of subparagraph (f)), the word "or" at the end of point (a) shall be deleted;

(g)), the dot is replaced by ', or ' and the following letter h)

added:



"h) that is a person enjoying subsidiary protection under a special

^ Law 51). ".



3. In paragraph 99 (b). and the word "asylum)" shall be replaced by "international

the protection of ".



PART THREE



Amendment of the Act on residence of aliens in the territory of the Czech Republic



Article. In



Act No. 326/1999 SB. on residence of aliens in the territory of the Czech Republic and

amendments to certain laws, as amended by Act No 140/2001 Coll., Act No.

151/2002 Coll., Act No. 218/2002 Coll., Act No. 222/2003 Coll., Act No.

436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.

559/2004 Coll., Act No. 428/2005 Coll. and Act No 444/2005 Coll., is amended

as follows:



1. in article 2 letter a) including footnote No 2:



"and the Czech Republic) asked for international protection in the form of asylum or


subsidiary protection, and azylanta or a person enjoying subsidiary protection,

If this Act or special legislation ^ 2) provides otherwise, the



2) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended. ".



2. sections 7 and 8 are deleted.



3. section 33, including the title reads as follows:



"§ 33



Visa to stay over 90 days for leave to stay in the territory of



(1) the police shall grant a visa to stay over 90 days for leave to stay

the territory of aliens,



and in a departure from) the territory prevents obstacle on his will, the independent

or the conditions are fulfilled according to the § 179 paragraph. 5,



(b)) who is a witness or victims in criminal proceedings and its participation in the

the procedure is necessary,



(c)) that at the time of a right to stay in the territory asked for extradition

permanent residence permit pursuant to section 67, 68 and 69 para. 2, if this

request was not decided at the time of validity of the residence permit of a foreigner

on the territory of, or



(d)), which filed a lawsuit against the decision of the police or of the Ministry,

which have been invalidated visas over 90 days stay or residence

long term residence or was denied the request for the extension of the

long-term residence permit or an application for residence permit

stay, provided that at the same time filed a proposal for granting suspensive

the effect of this action.



(2) an application for a visa to stay over 90 days for leave to stay

the territory referred to in paragraph 1 shall be made in the territory of the police.



(3) Police addition grants visa to stay over 90 days for leave to

stay on the territory of aliens whose departure from the national territory is not possible (§ 120a).



(4) a visa to stay over 90 days for leave to stay in the territory of

be affixed to a travel document by the police.



(5) the period of validity of the visa to stay over 90 days for leave to stay

the territory of the police down on as long as necessary, but no longer than for a period of 1

of the year; If it is a visa referred to in paragraph 1 (b). c) or (d)) or

pursuant to paragraph 3, the period of validity fixed at 6 months.



(6) an alien who has been granted a visa for a stay over 90 days for the purpose of

leave to stay in the territory because of the referred to in paragraph 1 (b). and) is required to

at the request of the police prove that the obstacle he leaves the territory subsists;

If this is prevented by demonstrating the obstacle on the will of foreigners can be independent,

demonstrate replace affidavit. ".



4. In paragraph 34 (a). (b)), the words ", d), or (f))" shall be deleted.



5. In paragraph 34 (a). (d)), the word "c) ' shall be replaced by" b ").



6. In paragraph 34 (a). (e)), the word "e)" shall be replaced by "c").



7. At the end of section 34 is replaced with a comma and dot is added to subparagraph (f)),

added:



"f) proof of the bringing of the action and the proposal for granting suspensive effect of this

the action, in the case of foreigners pursuant to § 33 para. 1 (b). d).".



8. In article 36, paragraph 1, the following paragraph 2 is added:



"(2) an alien who has been granted a visa in accordance with § 33 para. 3, is required to

the request for extension of the period of validity of the visa and the visa period of stay

stay over 90 days for leave to stay in the territory of present

requirement under section 34 (a). and tell or show), the fact

proving the reasons that prevent the travel duration and in case of changes

form at the request of the police to submit a photo. ".



The former paragraph 2 becomes paragraph 3.



9. in paragraph 38. 1 the words "due under section 33 para. 1 (b). (b)) without

undue delay, no later than 60 days after the dissolution of barriers

He leaves "are replaced by the words" in accordance with § 33 para. 3 not later than 5 days after the

the demise of the reasons that prevent the departure ".



10. In paragraph 38, at the end of the text of paragraph 2, the words "or if the

the visa is issued according to § 33 para. 1 (b). (d)) and the Court admitted the petition

suspensory effect; in the case of the revocation of a visa issued under section

33 para. 3, the police will ask the Ministry of binding opinion ^ 9b) to the

the demise of the reasons that prevent the departure ".



Footnote # 9b:



"9b) section 149 of the Act No. 500/2004 Coll., the administrative procedure code.".



Former footnote No. 9b to 9i are referred to as comments below

line # 9 c-9j, including references to footnotes.



11. In article 38, paragraph 3 shall be deleted.



Paragraph 4 becomes paragraph 3.



12. In § 42 para. 2, after the words "days for leave to stay"

the words "in accordance with § 33 para. 1 (b). a) to (c)) or § 33 para. 3. "



13. in section 42e, paragraph 2 shall be deleted.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



14. in section 42e para. 4, the words "and photos. If a stranger asks for permission

for a long-term stay in order to protect the territory referred to in paragraph 1, the

also be required to provide "be replaced by", and "photos.



15. In paragraph 43, the words "or a special legal regulation ^ 2)" are deleted.



16. in section 44 para. 4 at the end of the text of subparagraph (b)), the words "or

long-term residence permit for the purpose of prolonging the stay ".



17. in § 44a para. 7 the second sentence, the text "§ 42e of paragraph 1. 5 "is replaced by the text

"§ 42e of paragraph 1. 4 "and the words", and in the case of the extension of the residence permit

long term residence pursuant to § 42e of paragraph 1. 2 a document confirming the existence of the

barriers to exit "shall be deleted.



18. in § 45 para. 1 the second sentence, after the words "in § 33 para. 1 "

the words "or 3".



19. in § 45 para. 7 the second sentence, the word "d)" is replaced by "(c))".



20. in section 46 c of paragraph 1. 1, point (b)) shall be deleted.



Subparagraph (c)) and (d)) shall become point (b)), and (c)).



21. in paragraph 48 (a). and) the words "§ 7 para. 1 (b). and, § 33 paragraph 1). 1 (b).

a) to (d)) "shall be replaced by the words" § 33 para. 1 (b). a) and b), § 33 para. 3. "



22. in paragraph 48 (a). (b)) and in § 48a para. 1 the text of § 42e "paragraph. 3 ' is replaced by

the text "§ 42e of paragraph 1. 2. "



23. § 56 para. 1 introductory part of the provisions, § 56 para. 2 of the introductory part

provisions and section 114 para. 3 (b). (e) "), the text of § 33 para. 1 (b). (b)) "

replaced by the text "§ 33 para. 3. "



24. In § 60 para. 7, the words "(a). (e)) "shall be replaced by" subparagraph (a). (c)) ".



25. In paragraph 62, paragraph 2, the following paragraph 3 is added:



"(3) the validity of the visa to stay over 90 days for leave to stay

the territory granted in accordance with § 33 para. 3 Furthermore shall expire on acquisition of legal power

the decision to grant asylum or subsidiary protection status, under a special

Law ^ 2). ".



The former paragraph 3 shall become paragraph 4.



26. In article 67, the words ' the asylum procedure "shall be replaced by"

the granting of international protection ".



27. in section 67 para. 3, the words "application for asylum" shall be replaced by the words "request for

the granting of international protection ".



28. in § 68 para. 2 the first sentence, after the words "long-term residency"

the words "or based on the period of stay granted subsidiary protection

under special legislation ^ 2) ".



29. in section 70 para. 2 (a). (e)), after the words "long-term residence permit

for leave to stay in the territory, "the words" or which has been

granted subsidiary protection in accordance with special legislation ^ 2) ".



30. In section 113 para. 1 the first sentence, after the words "5 years", the words "

beneficiaries of subsidiary protection to foreigners, with a period of validity of the corresponding

the validity of the licence, permission to stay to beneficiaries of subsidiary protection

under special legislation ^ 2) ".



31. in section 113 para. 3 and 4, after the words "special legal regulation, ^ 3a)"

the words "or the period of validity of the corresponding validity

permission to stay to beneficiaries of subsidiary protection status under a special

Law ^ 2) ".



32. In section 113 at the end of paragraph 8, the period is replaced by a comma and the following

the letter d), which read as follows:



"(d)) at the request of foreigners, which has been granted subsidiary protection in accordance with

special legal regulation ^ 2), which does not have a valid travel document and

showing that it's not for the reasons independent of his will. ".



33. In section 114 para. 1 (b). (b)), the words "(a). and), (c) or (d))) "shall be replaced by

the words "(a). a) or b) ".



34. In paragraph 115, the following paragraph 3 is added:



"(3) the police shall not issue a passport because of the alien pursuant to § 113 paragraph. 8 (a).

(d)), if the



and reasonable risk that) would be put at risk the security of the United

States or seriously disturbed public order, or



(b)) alien inserted into the information system of the Contracting States. ".



35. In article 119, paragraph 5 is added:



"(5) a decision on administrative expulsion of a foreigner who asked the Czech

Republic for international protection shall be enforceable after the acquisition of legal power

decision establishing the



and does not grant international protection),



(b)) the request to grant international protection is dismissed as manifestly unfounded,



(c)) procedure for granting international protection stops, or



d) asylum or subsidiary protection to be withdrawn,



If vain expiry of the period for bringing an action against a decision

the Department of international protection or, if under the Special

Law ^ 2) bringing an action against the decision of the Ministry of the

international protection does not have suspensory effect. Decision of the administrative

a removal order is not enforceable if the Court shall, at the request of the alien's

application, the suspensory effect. ".



36. In paragraph 2 of section 119a 1 the words "protection of asylum" shall be replaced by

"international protection" and the words "where his life or freedom is at risk"

are replaced by the words "where there is a risk of persecution or serious harm ^ 16a)".



Footnote # 16a is inserted:




"16a) § 2 (2). 7 and § 14a para. 2 Act No. 325/1999 Coll., as amended by

Act No. 165/2006 Sb. ".



Footnote # 16a is referred to as a footnote

No 16b, and including a reference to a footnote.



37. section 120a reads:



' paragraph 120a



(1) police in the context of deciding on administrative expulsion under section 119 and 120

is required to request a binding opinion ^ 9b) Ministry, whether

departure is possible (section 179).



(2) if the reasons that prevented departure is after the date of acquisition

the decision on the expulsion, the police will issue a new decision in

things under a special legal regulation ^ 5 d) after requesting a binding

opinions of the Ministry in accordance with paragraph 1.



(3) the Ministry shall issue a binding opinion without delay.



(4) if the alien in accordance with paragraph 1 or 2 possible, police

This fact shall be indicated in the decision on administrative expulsion of foreigners and grants

visa to stay over 90 days for leave to stay in the territory (§ 33 para.

3).



(5) if the reasons that prevented foreigners travel, police will issue a

the new decision on the case by a special legal regulation ^ 5 d). On the date of

legal force of this decision shall cease on the validity of the visa issued

According to § 33 para. 3; the police aliens be granted an exit command and provides

the time within which he is obliged to leave the territory.



(6) the stranger, whose departure in accordance with paragraph 1 or 2 is not possible, it is

shall be entitled to immediately after the decision on the extradition request

the Ministry for international protection according to a special legal

prescription ^ 2). If an alien has in the first sentence no later than two

months from the date of the decision on administrative expulsion,

permission to apply for international protection shall cease to exist. Permissions request

If the application is lodged shall prevent the reasons on the will of foreigners

independent and foreigner application shall be submitted within 3 days after cessation of such reasons.



(7) the validity of a decision on administrative expulsion shall cease, if the decision is,

granting asylum or subsidiary protection, valid for a period



and) equal to that laid down in the decision on administrative expulsion for

restrictions on the entry of foreigners into the territory, in the case of a decision pursuant to section 119 paragraph 1.

1 (b). a) or b) or pursuant to § 120 paragraph 1. 1 (b). and) or (b)),



(b) equal to 1.5 times the time) laid down in the decision of the administrative

expulsion for restrictions on the entry of an alien in the territory, in the case of decisions

pursuant to section 119 paragraph 1. 1 (b). (c)) or § 120 paragraph 1. 1 (b). (c)).



(8) the period laid down in paragraph 7 shall start to run on the date of acquisition of legal power

a decision on administrative expulsion. ".



38. in paragraph 124, the following new section 124a, which reads as follows:



"section 124a



The police is authorised for the purpose of administrative expulsion to ensure foreigners,

having made a declaration of international protection or submitted an application for

international protection, if it was already on its expulsion of lawfully

decided or administrative proceedings initiated for the reasons referred to in

section 119 paragraph 1. 1 (b). and), or section 119 paragraph 1. 1 (b). (b)) point 6 or 7. ".



39. In paragraph 125 of paragraph 1. 2 the second sentence, the words "for protection in the form of asylum"

replaced by the words "for international protection according to a special legal

prescription ^ 2) ".



40. In paragraph 127 paragraph. 1 (b). c) after the word "asylum", the words "or

subsidiary protection ".



41. In paragraph 127 paragraph. 2 the word "asylum" is replaced by "on the granting of

international protection ".



42. In paragraph 159, at the end of paragraph 3 the following sentence "the intelligence services

can complete tasks under special legislation ^ 23a) use

information stored in the registers, including personal data, in a way

enabling continuous and remote access. ".



Footnote No. 23a is inserted:



"23a) Act No. 153/1994 Coll., on the intelligence services of the Czech Republic,

in the wording of later regulations.



Act No. 154/1994 Coll., on the Security information service, as amended by

amended.



Law no 289/2005 Coll. on Military Intelligence. ".



43. In paragraph 163 (b). g) point 3 is added:



"3. requires a binding opinion ^ 9b) Ministry, whether travel

the alien is it possible ".



44. In paragraph 164 of paragraph 1. 1 (b). e), the words "§ 7 para. 1 (b). and) and ' shall be deleted.



45. In paragraph 164 of paragraph 1. 1 (b). t), the words "and the disappearance of barriers to travel

under section 120a para. 2 ' shall be deleted.



46. In paragraph 164, the dot at the end of paragraph 2 is replaced by a comma and the following

the letter e), which reads as follows:



"e) requires binding opinion ^ 9b) Ministry, whether travel

the alien is possible. ".



47. In paragraph 164 of paragraph 1. 4 the second sentence, the words "§ 7 para. 1 (b). and) "

shall be deleted.



48. In paragraph 168, the number "7.0" and the words "and 3" are deleted.



49. In § 176 para. 5 of the introductory part, the words "provisions for asylum or is

the applicant for asylum "shall be replaced by the words" for international protection or

is the applicant for international protection ".



50. In the heading of section 176a, the words "of the asylum procedure" shall be replaced by

"procedures for granting international protection".



51. section 179 including title:



"§ 179



The reasons that prevented travel



(1) the alien is not possible in the case of justifiable fears that if the

He was a stranger returned to the State of which he is a citizen of, or in the case

that is a person without citizenship, to the State of their last permanent

residence, endangering the real risk of serious harm referred to in paragraph 2

and that cannot or is not willing to use due to such a risk

the protection of the State of which he is a citizen of, or its last permanent

residence.



(2) the serious injury is under this Act shall be deemed to



a) death penalty or execution,



b) torture or inhuman or degrading treatment or punishment,



(c)) serious or life-threatening human dignity by reason of indiscriminate

violence in situations of international or internal armed conflict,

or



(d)) if the departure is contrary to the international obligations of the

Of the Czech Republic.



(3) the provisions of paragraph 1 shall not apply if there is reasonable suspicion that the alien



and) committed a crime against peace, a war crime or

a crime against humanity as defined in international documents

containing provisions relating to these offences,



b) committed a particularly serious crime,



c) has been guilty of acts that are contrary to the principles and objectives of the Organization

the United Nations, or



d) represents a danger to the security of the State.



(4) the provisions of paragraph 1 shall not apply if the alien addition



and to commit the crime) referred to in paragraph 3 encourages or at their

committing participating in, or



b) committed outside the territory of one or more different offences

from the offences referred to in paragraph 3, has left the State of

the alien's nationality or, in the case of a person without a nationality State

her last residence in order to avoid penalty

prosecution for them, provided that the acts for which can be used in the United

Republic may grant a term of imprisonment.



(5) in the case referred to in paragraph 3 or 4 shall allow aliens to seek

within 60 days of adoption in another country. If the alien demonstrates that the

adoption in another State, it could not allow him the police request

Visa [§ 33 (1) (a))]. ".



PART FOUR



Amendment of the Act on temporary protection of aliens



Čl.VI



Act No. 222/2003 Coll., on temporary protection of aliens, shall be amended as follows:



1. In paragraph 11 (a). (c)), after the words "the grant of asylum," the words "or

subsidiary protection ".



2. in section 25 and 57, the words "asylum" is replaced by "grant

international protection ".



3. in paragraph 58, the following new section 58a, which including the title reads as follows:



' paragraph 58a



Stay on a visa to stay over 90 days for leave to stay in the territory



(1) the visa to stay over 90 days for leave to stay in the territory (hereinafter

"the visa for the purpose of prolonging the stay") grants the police at the request of foreigners,

which provides evidence of bringing an action against the decision of the Ministry of the

the matter of temporary protection and a proposal for granting suspensive effect or

a complaint against the decision of the Court of Cassation on an action against a decision

the Ministry in case of temporary protection and a proposal for granting suspensive

the effect; This does not apply if the alien in the territory he resides on the basis of the authorisation to

stay under a special legal regulation ^ 5).



(2) the time validity of the visa in order to leave to stay down on the police

the necessary period, for a maximum period of 1 year. At the request of foreigners,

If it is not an action or cassation complaint is terminated, the period

the validity of the visa in order to leave to stay is extended, and it repeatedly.



(3) the validity of the visa for the purpose of prolonging the stay expires on the date of acquisition of the legal

the decision of the Court of cassation complaint, claim or nepřiznáním

suspensive effect of this lawsuit, or appeal the complaint or cancellation

the resolution to grant suspensive effect of the action or cassation complaint;

the police shall mark the demise of the validity of the visa for the purpose of prolonging the stay granted by the

foreigners and grants him an exit command is valid for a maximum period of 1

of the month.



(4) to visa applications for leave to stay or extension

the period of its validity, an alien is obliged to submit



and) a travel document, if its holder,



(b) a document attesting to the existence of a reason) for issuing such a visa,



c) 3 photos; photos not be presented when applying for

extension of the period of validity, if not a significant change in his appearance.




(5) the visa for the purpose of prolonging their stay, extend the period of its

validity, or the demise of the validity of the designation and the granting of výjezdního

the police shall immediately inform the Ministry.



(6) the legal status of foreigners in the territory on the basis of a visa

leave to stay is governed by special legislation ^ 5),

unless otherwise provided by this Act. ".



PART FIVE



Changing the law on population register



Article. (VII)



Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending

Some laws (law on population register), as amended by Act No. 2/2002

Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004

Coll. and Act No 444/2005 is amended as follows:



1. In article 1 (1). 1 letter c) including footnote No 3:



"c) aliens who have been granted the Czech Republic international

protection in the form of asylum or subsidiary protection ^ 3).



3) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended. ".



2. In article 3, paragraph 3. 4 of the introductory part, the words ' and the provisions of the aliens,

who have been granted asylum in the Czech Republic ^ 3), "are replaced by the words" and

foreign nationals who have been granted the Czech Republic international

protection in the form of asylum or subsidiary protection ^ 3), ".



3. in article 3, the following paragraph 9 is added:



"(9) the Department of data processing is conducted on aliens, which

in the Czech Republic was granted international protection in the form of asylum

or supplementary protection ^ 3), the originator of the data. ".



4. In paragraph 7 (b). e), the words "and the residence permit card at azylanta

the territory of the Czech Republic ^ 2) ^ 3) ' shall be deleted.



5. In paragraph 7 (b). (e)), paragraph 4, the words "or holder" shall be deleted.



6. in paragraph 14 (a). (c)), the words "and foreigners who have been granted asylum on the

the territory of the Czech Republic ^ 3) ' shall be deleted.



7. in article 14 (d)), including footnotes # 14b-14 d is added:



"d) Ministry, which assigns social security numbers



1. residents who are not listed in points (a) to (c)))



2. foreigners who request personal identification number allocation for the fulfilment of the

conditions under special legislation ^ 14b),



3. natural persons, for which the social security number allocations shall request the United

the social security administration under a special legal regulation ^ 14 c)



4. foreigners who have been granted the Czech Republic international

protection in the form of asylum or subsidiary protection ^ 3),



5. for the needs of police, customs and intelligence services under the

special legislation ^ 14 d).



14B) for example, Act No. 48/1997 Coll., on public health insurance, and

amending and supplementing certain related laws, as amended

legislation, Act No. 582/1991 Coll., on the Organization and implementation of social

security, as amended.



14 c) of section 11a. 5 of law No 582/1991 Coll., as amended by Act No. 265/2002

Coll., Act No. 53/2004 Coll. and Act No. 165/2006 Sb.



14 d), for example, Act No. 283/1991 Coll., as amended,

Act No. 13/1993 Coll. as amended, Act No. 153/1994

Coll., as subsequently amended, Act No. 154/1994 Coll., as amended by

amended, law No 137/2001 Coll., on the protection of the witness and the

other people in connection with criminal proceedings and on the amendment of Act No.

99/1963 Coll., the civil procedure code, as amended. ".



8. in article 15, subparagraph (f)):



"(f) the residence permit card) azylanta or pass right to stay

beneficiaries of subsidiary protection status. ".



9. In paragraph 16 (d)):



"(d)), which the foreigners on the territory of the Czech Republic awarded international

protection in the form of asylum or subsidiary protection ^ 3), ".



PART SIX



cancelled



Article. (VIII)



cancelled



PART SEVEN



Changing the law on trades



Article. (IX)



In § 5 para. 6 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended by Act No. 237/1995 Coll., Act No.

286/1995 Coll., Act No. 359/1999 Coll., Act No. 167/2004 Coll., Act No.

257/2004 Coll. and Act No. 428/2005 Coll., after the word "asylum"

the words "or subsidiary protection".



PART EIGHT



Amendment of the Act on social and legal protection of children



Article. X



Act No. 359/1999 Coll. on social and legal protection of children, as amended by law

No. 257/2000 Coll., Act No. 273/2001 Coll., Act No. 309/2002 Coll., Act

No. 320/2002 Coll., Act No. 519/2002 Coll., Act No. 222/2003 Coll., Act

No. 52/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act

No 57/2005 Coll. and Act No. 381/2005 is amended as follows:



1. In article 2 (2). 2 (a). (c)) and § 21 para. 2 (a). (b)), the word "asylum"

replaced by the words "international protection".



2. In section 35 para. 2 the letter j) including footnote # 34a:



"j) helps search for the family of a child who has made a

application for the grant of international protection, who has been granted asylum or

additional protection under a special legal regulation, and on the territory of the United

the Republic is unaccompanied by a person older than 18 years per child

responsible according to the law in force in the territory of the State whose citizenship

the child has, or in the case that the child is a person without citizenship, in

country of their last residence ^ 34a).



34A) article 19 para. 3 Council Directive 2003/9/EC of 27 June 2002. January 2003,

laying down minimum standards for the reception of asylum seekers. "



PART NINE



To change the code of civil procedure of the administrative



Article. XI



In § 16 para. 2 (a). (b)) § 31 para. 2, § 35 para. 5, § 56 para. 2 and §

paragraph 104A. 1 Act No. 150/2002 Coll., the administrative procedure code, as amended by

law no 350/2005 Coll., the word "asylum" be replaced by the words "international

the protection of ".



PART TEN



Amendment of the Act on higher education



Article. (XII)



In section 90 of the Act No. 111/1998 Coll., on universities and amending and supplementing

other laws (law on higher education institutions), the following is inserted after paragraph 3

paragraph 4, which including footnote No. 21a is inserted:



"(4) in the case of a person that was in the Czech Republic or in a Member

State of the European Union granted international protection in the form of asylum or

subsidiary protection ^ 21a) or that it should be based on international

the commitments the United States seen as a refugee or displaced or

a person in a similar situation as refugees, the presentation of a document

referred to in paragraph 2 and the validation referred to in paragraph 3, replace

formal declaration of such persons on facts otherwise demonstrated by

such proof or verification.



21a) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

in the wording of later regulations.



Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for

subject to the third-country nationals or persons without

nationality, to be able to apply for refugee status or persons

that other reasons need international protection and the content of

protection provided. ".



The current paragraph 4 shall become paragraph 5.



PART ELEVEN



Changing the Education Act



Article. XIII



Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act), as amended by Act No.

383/2005 is amended as follows:



1. In article 16(1). 4 (b). c) after the word "azylanta", the words ",

beneficiaries of subsidiary protection "and the word" asylum "

replaced by the words "international protection".



2. § 36 odst. 2, after the word "refugees", the words "persons

beneficiaries of subsidiary protection "and the word" asylum "are replaced by the

the words "international protection".



3. In § 108 paragraph. 5 the second sentence, the words "in paragraph 3 shall be replaced by

"in paragraph 3 or 4".



4. In paragraph 108, the following paragraph 9, including footnotes.

26A is inserted:



"(9) if the person was in the Czech Republic or in a Member

State of the European Union granted international protection in the form of asylum or

subsidiary protection ^ 26a) or that it should be based on international

the commitments the United States seen as a refugee or displaced or

a person in a similar situation as refugees, the presentation of a document

referred to in paragraphs 1 to 3 and the validation referred to in paragraph 4

replace the formal declaration of such persons on facts otherwise

demonstrated by such proof or verification. In case of doubt about the

Education orders the regional office to the applicant recognition test.



26A) Act No. 325/1999 Coll., as amended.



Council Directive 2004/83/EC of 29 April 2004. of 29 April 2004 on minimum standards for

subject to the third-country nationals or persons without

nationality, to be able to apply for refugee status or persons

that other reasons need international protection and the content of

protection provided. ".



PART TWELVE



Amendment of the Act on the civil registry, the name and surname



Article. XIV



In § 16 para. 4 of law No. 301/2000 Coll., on the civil registry, the name and surname and

amending certain related laws, the words "the grant of asylum"

replaced by the words "international protection".



PART THIRTEEN



Amendment of the Act on public health insurance



Article. XV




In § 7 para. 1 (b). p) Act No. 48/1997 Coll., on public health

insurance and amending and supplementing certain related laws, as amended by

law no 350/2005 Coll., the words "the grant of asylum" shall be replaced by

"international protection".



PART OF THE FOURTEENTH



Amendment of the Act on securing legal aid in cross-border disputes within the

Of the European Union



Article. XVI



In section 8 (b). c) of Act No. 634/2004 Coll., on ensuring legal assistance in

cross-border disputes within the European Union, after the word "asylum"

the words "or subsidiary protection".



PART FIFTEEN



Amendment of the Act on authentication



Article. XVII



In section 18 of Act No. 21/2006 Coll., on attesting the conformity of a copy or a copy with

Charter and about the authenticity of the signature, and amending some laws

(authentication), c) and (d)) including footnote # 12

shall be added:



"(c) the applicant for the licence) international protection ^ 12), if the person,

which made the request for the grant of international protection,



(d) the residence permit card) azylanta ^ 12), if the person was

granted asylum or permission to stay at card of the beneficiary of the supplementary

protection of ^ 12), if the person enjoying subsidiary protection,



12) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended. ".



PART OF THE SIXTEENTH



Amendment of the Act on assistance in material need



Article. XVIII



In § 5 para. 1 (b). (b)), § 52 para. 1 (b). (b)) and § 52 para. 3 (b). (b))

section 20 of Act No. 111/2006 Coll. on assistance in material need, after the word

"asylum", the words "or subsidiary protection".



PART SEVENTEEN:



cancelled



Article. XIX



cancelled



PART EIGHTEEN



Amendment to the criminal procedure code



Article. XX



Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

amended by Act No. 59/1965 Coll., Act No. 58/1969 Coll., Act No. 149/1969

Coll., Act No. 48/1973 Coll., Act No. 29/1978 Coll., Act No. 43/1980

Coll., Act No. 159/1989 Coll., Act No. 175/1990 Coll., Act No. 303/1990

Coll., Act No. 563/1991 Coll., Act No. 25/1993 Coll., Act No. 115/1993

Coll., Act No. 293/1993 Coll., Act No. 154/1994 Coll., constitutional

Court of the United States declared under no 214/1994 Coll., constitutional

Court of the United States declared under # 8/1995 Coll., Act No. 152/1995

Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 148/1998

Coll., Act No. 166/1998 Coll., Act No. 191/1999 Coll., Act No. 29/2000

Coll., Act No. 30/2000 Coll., Act No. 227/2000 Coll., constitutional

Court of the United States declared under no. 77/2001 Coll., Act No.

144/2001 Coll., Act No. 265/2001 Coll., Constitutional Court of the Czech

the Republic declared under no. 424/2001 Coll., Act No. 220/2002 Coll.

Act No. 229/2002 Coll., Act No. 320/2002 Coll., Act No. 218/2003 Coll.

Act No. 279/2003 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,

Act No. 283/2004 Coll., Act No. 539/2004 Coll., Act No. 585/2004 Coll.

Constitutional Court of the Czech Republic declared under no. 45/2005 Coll.

Constitutional Court declared under no 239/2005 Coll., Act No.

394/2005 Coll. and Act No. 413/2005 is amended as follows:



1. In Section 350b of paragraph 1. 4, the word "asylum" be replaced by the words "international

protection under a special legal regulation ^ 4). "



Footnote 4:



"4) Act No. 325/1999 Coll., on asylum and on the amendment of Act No. 283/1991 Coll., on the

Police of the Czech Republic, as amended, (asylum Act),

as amended. ".



2. In Section 350b for paragraph 4, the following paragraph 5 is added:



"(5) If a prisoner sentenced to deportation granted subsidiary protection

under special legislation ^ 4), President of the Chamber shall defer performance

the penalty of expulsion for the time of the grant. On the postponement of execution of a sentence

for this reason, removal from the President of the Chamber shall inform the authority competent for the

the granting of the supplementary protection under a special legal regulation ^ 4) and

at the same time it asks that it be immediately announced the fact that the additional

protection to the person concerned ceased to exist or have been withdrawn. ".



The present paragraph 5 shall become paragraph 6.



PART NINETEEN



The EFFECTIVENESS of the



Article. XXI



This Act shall take effect on 1 January 2000. September 2006, with the exception of the provisions

article. In paragraph 34 with regard to § 115 paragraph. 3 (b). (b)), which takes

effective on the date you run the Schengen information system in the United

Republic set out in the decision of the Council of the European Union on the run

The Schengen information system in the Czech Republic and article. XVIII, which

shall take effect on 1 January 2000. January 1, 2007.



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