Oddělitelnost výroků správních rozhodnutí ve věci mezinárodní ochrany
Separation of the Statement of the Administrative Decisions in International Protection Case

Summary/Abstract: This article analyzes the obligation to issue two separate statements in administrative decisions on international protection. It first points out the differences between the two forms of international protection and describes their relationship. It then summarises, against the background of several procedural situations, the possible separation of statements in these cases – in particular, the separation of statements in the case of not granting either form of international protection, the separation of statements in the case of granting subsidiary protection and the separation of statements in the case of withdrawing asylum or subsidiary protection. These procedural situations are discussed in the context of the existing case-law of the administrative courts. The article also discusses the consequences of this (non)separation of the statements of administrative decisions and the implications of the case law of the administrative courts for administrative practice, especially as regards the granting of asylum to a beneficiaries of subsidiary protection status.

• Details
• Contents