České soudy ve vleku unijního práva a judikatury SDEU při přezkumu zajištění cizinců: vázanost žalobními body a ochrana zranitelných osob
Czech Courts in the Shadow of EU Law and CJEU Case Law in the Review of the Detention of Foreigners: The Binding Nature of Pleas and the Protection of Vulnerable Persons

Summary/Abstract: This article investigates the interaction between European Union (EU) law and Czech national practices within two closely related areas, specifically focusing on the involvement of vulnerable individuals within the Czech administrative judiciary. The first part of the text centers on the judicial review of the detention of foreign nationals, particularly in light of the Court of Justice of the European Union (CJEU) ruling in Staatssecretaris van Justitie en Veiligheid. The authors critically examine how the requirement for a general review of legality, as mandated by the CJEU, aligns with the practices of the Czech administrative judiciary and how Czech courts should implement this standard of the review. The second part of the text addresses the treatment of foreign nationals identified as vulnerable under EU law. The authors emphasize the importance of recognizing vulnerable status and provide an evaluation of the procedures and practices of Czech administrative authorities and courts in this context. They assess whether these institutions effectively and promptly identify vulnerable individuals and ensure that their treatment while detained adheres to the standards of dignity and respect prescribed by EU law.

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