Problems with fugitives in the Czech Republic as seen in the legislation and migration context

The very structured contribution focuses on the issue of refugeehood in the Czech Republic in a num­ber of contexts. As a preliminary problem the freedom of movement is analysed in a light of the per­sonalliberty. The implementation of the freedom of movement acquired apparently patological character in the past. The Charter of Fundamental Rights and Freedoms which is an immanent part of the Czech constitutional order has filled legal gaps in the 1920 Constitutional Charter and the 1948 and 1960 Constitutions. Article 14 of the Charter guarantees the freedom of movement as a fundamental liberty. The proviso entirely covers all the aspects of such a ju­ ristic institution.
The phenomenon of the liberty of movement is consecutively analysed in the relation to visa policy of the Czech Republic. Visas can be viewed as a Ze­ gal bar for the freedom of movement of persons but from the other side it is an effective legitimate instrument of the state for the control of transboundary migration and the maintance of national security that verifies the ability of an alien for the access to the teritorry of the state. Visa -free policy realized by the Czech Republic from the very beginning has in strategical and geographical term clear and evident "western" contour. The "sharpness", unam­biguousness and probably even political foresight is being lacked by its "eastern" line in respect of the prodigy of refugeehood.
The Czech Republic cannot be assumed as a country of destination. The said assumption is at present deduced from statistics data kept about aliens with state permits and asylum seekers and pure­ly former relation between conjecture and empirical material. A careful and more complex examination of the current situation, however, results in the sta­temeni that one can speak about massive labour mig­ration with dominating transit elements. The Czech Republic can be thus qualified as a transit country. The Czech Parliament recently passed the new Asylum Act. At last the new Act respects the proviso of Article 43 of the Charter of Fundamental Rights and Freedoms which imposes upon the state the com­mitment to grant asylum to aliens persecuted for the assertion of political rights and freedoms. The correlate of the duty is tacitly the right to asylum. The Act also postulates as the further general reason for granting asylum grounds stipulated by Articel 1 of the 1951 Geneva Convention.
The asylum act pursues evolutional legislative tendencies in European Union member states in the jield of asylum and refugee law. The Act refines the rights and duties of applicants and it introdu­ces minimum guaranties in asylum procedure. The Act echoes the European model and it defines a le­gal notion of the safe country of origin and safe third country. The Act also clarifies the persecution as a legal concept. The Act constructs a synthetic legal definition the nucleus of which is found in the relationship between an individual and the state. The definition stems from the fact that the persecu­tion is attributed to the state even if it behaves in a comissive and omissive manner. The Asylum Act approaches to European asylum law in a way that it taxatively determines manifestly unfounded applica­tions for initiating asylum procedure.