The purpose of my thesis Position of war refugees in international law is to analyze particular types of protection of war refugees, to construe unclear legal provisions and to evaluate suitability of possible solutions. The thesis focuses on specifics of the position of war refugees and on options of their protection. The research question relates to the determination who a war refugee is and how his situation is solved in international law. The reason for this research is my great interest in refugee law and the current instability of the position of war refugees. The methodology used during writing the thesis was the analysis, comparison and description. The thesis is composed of three chapters, each of them dealing with different aspects of the position and the protection of war refugees. Chapter One defines characteristics of war refugees and addresses the issue of armed conflicts. Chapter Two concerns individual options of protection of war refugees in international law. This part concentrates primarily on issues related to the broader refugee definition, asylum and subsidiary protection. Within this chapter subsidiary protection is examined from a general point of view, as well as in relation to provisions of particular legal instruments. Furthermore, it pays close attention to the law of...

The aim of the presented diploma thesis called "Temporary protection of aliens in international and european law" is to introduce the concept of temporary refuge and temporary protection and tackle the various legal questions related to these concepts, both on the level and from the perspective of international law and the law of the European union. The first part of the thesis presents some (mainly doctrinal and UNHCR) defintions of temporary protection and temporary refuge as well as the definition of the concept of temporary protection enshrined in the EU's Temporary Protection Directive as the latter one represents the only case of regional and binding harmonisation of the temporary protection. The following part of the thesis deals with the minimum content requirements of temporary protection in international law, i. e. such requirements that should in every case be an inherent part of every legal instrument resembling temporary protection. This part focuses mainly on the issue of personal and temporal scope of temporary protection, the concept of mass influx is analysed in this part of the thesis as well as temporary protection as a legal instrument is usually intended to serve as a response to the situation of mass influx. Presented thesis also deals with the questions related to the extent...

This thesis addresses the topic of mass influx of refugees and its possible solutions. It examines the concept of prima facie refugee status determination in group situations, which is plentifully used in states of the economic South as a solution to mass influx of refugees. Despite its ample use, it is not entirely clear what can be understood by it. A better way to tackle mass influxes of refugees is sought here in response to the European migration "crisis" which has shed light on the unpreparedness of the Common European Asylum System for a large scale influx. The prima facie refugee status determination is put here as an opposite to individualized refugee status determination, which is assumed by the western doctrine and practice to be the only possible way of determining refugee status under the 1951 Convention. Even though individualized refugee status determination may be an appropriate tool in times of relatively low number of refugees, as it has been the case for a long time at the European continent, it may be different in situations of mass influx of refugees. Such individualized refugee status determination is very costly and lengthy procedure and as such not very suitable for situation of mass influx of refugees. To answer the question of whether the prima facie refugee status...

Définie comme droit national puis comme droit communautaire depuis l’adoption de la Convention de Dublin en 1990 par les États membres, la politique d’asile de l’Union européenne est devenue indissociable de sa politique migratoire. Le contexte des arrivées massives d’exilés dans l’Union européenne au cours des années 2010 a permis à l’UE de renforcer l’intégration de la demande d’asile dans une politique sécuritaire en la hiérarchisant, la catégorisant et en renforçant l’externalisation de son traitement. Cependant, en confirmant le mécanisme « Dublin » qui appelle à la solidarité des États membres dans la prise en charge des demandeurs d’asile, l’Union européenne, qui formait jusque-là un bloc unifié institutionnellement autour des valeurs des droits de l’Homme et de la démocratie, est désormais traversée par des conflits qui laissent ouverte la question de l’intégration et du rejet des demandeurs d’asile et qui révèlent une crise plus large. / Defined as national law and then as Community law since the adoption of the Dublin Convention in 1990 by the Member States, the asylum policy of the European Union has become inseparable from its migration policy. The context of the mass influx of exiles into the European Union in the course of 2010 has allowed the EU to strengthen the integration of asylum demand into a security policy by prioritizing, categorizing and strengthening the outsourcing of its treatment. However, by confirming the « Dublin » mechanism which calls for the solidarity of the Member States in the care of asylum seekers, the European Union, which until then formed an institutionally unified blocaround the values of the human rights and democracy, is now crossed by conflicts that leave open the question of integration and rejection of asylum seekers and reveal a wider crisis.