The Relevance of European Union Citizenship to the Penalty of Deportation — Assessments of Threats to the Safety of Persons or Property as a Condition for the Imposition of Deportation

Order of the Supreme Court [CZE]32 No 8 Tdo 482/2010 of 19 May 2010

Regulations Used:

  • Act [CZE] No 140/1961, as amended, the Criminal Code (“CC 1961 [CZE]”): Section 23, Section 57, Section 241(1), Section 247(1)(d)

  • Act [CZE] No 141/1961 on criminal proceedings (Rules of Criminal Procedure), as amended (“RCP [CZE]”): Section 265b(1), Section 350b
  • Act No 326/1999 on the residence of foreign nationals in [CZE] and amending certain laws, as amended by Act No 217/2002 Coll. and Act [CZE] No 161/2006 Coll.: Section 83
  • Treaty on European Union (Maastricht Treaty)
keywords
appellate review
Maastricht Treaty
EU citizenship
appeal
long-term residence
obstacles to deportation
treaty on European Union
penalty of deportation
custody
deportation
penalty
about the authors

Bohuslav Halfar is head of the Department of Law at the Faculty of Economics, VŠB – Technical University, Ostrava. He specializes in economic crime. In recent years, he has also dealt extensively with the issues of international criminality, international legal assistance in criminal matters and the competence (jurisdiction) of law enforcement agencies and courts in relation to crime with cross-border (international) elements. He is also a criminal defence lawyer and until 1989 he spent nine years as a judge (in criminal matters) at Ostrava District Court as a court of first instance. He is also a member of the WJA – the World Jurist Association (Washington, DC, USA) etc.

e-mail|: bohuslav.halfar@vsb.cz