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.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
