| Abstract [eng] |
Tendencies of the Case-law of Lithuanian Administrative Courts in Asylum Cases. In this master thesis the tendencies of asylum are investigated in the practice of Lithuanian administrative courts and internationally. In the first part of the work the general requirements (the concept, the meaning and the principal provisions) of the asylum and the refugee laws are analysed. The whole work is based on the provisions from the convention of 1951 regarding the status of the refugee, the acts of EU and an international law that are relevant up to this day and relevant courts practice. In the second part of the work the procedural aspects of asylum are examined in the Republic of Lithuania and in Member States. The EU Directive 2013/33 is analysed in details as well as its influence in order to equalize the procedure of asylum at the level of the EU. It is important to emphasize that the transfer of the provisions of the mentioned Directive into a national law has a major impact on the common goal – to create a joint protection space. In the third part of the work one of the international protection forms – subsidiary protection is analysed. According to the data of Migration Department, subsidiary protection is quite often applied in Lithuania too. In this paper the clarifications of the Supreme Administrative Court of Lithuania regarding subsidiary protection and the most relevant problematic aspects encountered by the competent authorities of the Republic of Lithuania are analysed. In the final part of this master thesis one of the most relevant problems – the detention of asylum seekers is investigated. This problem is relevant not only in Lithuania but also in foreign countries. The human right to freedom is established in many international documents including the Constitution of the Republic of Lithuania. This fact supposes that this birthright of a human is a fundamental and its restrain can be applied only in extreme cases. Thus in the end of the work the grounds of the detention established in the law of the Republic of Lithuania regarding the law on aliens and the tendency of the detention application in the practice of Lithuanian administrative courts will be examined. |
