Deputy Ombudsman Vit Alexander Schorm warned yesterday that planned changes to the rules for foreign nationals living in the Czech Republic will limit their ability to defend themselves in court, and impose harsh penalties even for unintentional mistakes made by humanitarian benefits recipients.
The government approved the security amendment, which tightens the rules for foreign nationals in the Czech Republic, on 25 May. The amendment will be voted on by the Chamber of Deputies.
“We are encountering cases where authorities are demanding documents they are not supposed to request,” wrote Schorm. “People are unable to comply with the authorities’ instructions or they inadvertently provide incorrect information to the authorities. Under the proposed law, such a mistake could cost a foreign national three months’ worth of humanitarian benefits.”
“The bill could plunge entire families into a dire situation,” he added. “At the same time, it does not give them the opportunity to effectively defend themselves against the authority’s actions.”
Furthermore, he says, the bill weakens the ability to challenge government decisions in court. This applies in particular to permits for special long-term residence or the conditions for changing jobs, for those with an employment card. According to Schorm, people awaiting deportation in detention centres for foreign nationals will also be in a worse position.
“If people do not explicitly request a court hearing in their lawsuit, the courts will automatically rule without one. For foreigners without access to immediate legal assistance, this will be a huge problem,” Schorm warned.
He also pointed out that the government has stopped funding the legal, psychological and social assistance that nonprofit organisations had been providing to foreign nationals until recently.
The security amendment changes several laws, covering the status of people with temporary protection, asylum conditions, and the Criminal Code. However, it did not go through the standard inter-ministerial comment procedure.
“The inter-ministerial comment procedure is not just a formality. I call on the government to avoid shortcuts when passing laws. By speeding up the process, they increase the risk that laws will harm people in ways that could easily have been prevented,” said Schorm.
