In the case presented by the Organisation for Aid to Refugees (OPU), the Czech Supreme Administrative Court condemned as unlawful the exclusion of judicial review of detention orders if the claimant was released from detention. The last restriction of the Aliens and Asylum At was adopted in summer 2017 before the elections in October. Very soon, after 4 months, OPU was able to succeed before the Supreme Administrative Court (case No: 6 Azs 320/2017) with its arguments concerning the unlawfulness of the judicial review exclusion vis-a-vis the EU law, EU Fundamental Rights Charter and the ECHR. Congratulation goes to our lawyer Marcel Kmet and shame to the Social democrat MP Vaclav Klucka and former Social democrat Interior Minister Milan Chovanec, who submitted respectively backed the obviously unlawful restrictive proposals in their pre-election attempt to attract even more xenophobic voters.
OPU, 21/12/2017