Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.
As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.
AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.
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The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.
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AUC IURIDICA, Vol 62 No 1 (2016), 171–187
Právní řešení odchodu a návratu krajanů do Československa z pohledu pasové politiky v historické retrospektivě
[Legal Resolution of the Departing and Returning of Compatriots to Czechoslovakia from the Point of View of Passport Policy in the Historical Retrospect]
Petra Skřejpková
published online: 23. 05. 2016
abstract
The article focuses on the mapping of migration, and particularly of emigration, of our compatriots in the previous century. The issue is regarded from one aspect, namely reversed emigration, i.e. re-emigration and especially the right to it, i.e. the right of return. To simplify the presentation, it is divided into five parts: the period of the first republic, the time of the occupation of the Sudetenland by the German empire and the establishment of the Protectorate Bohemia and Moravia, the period of the return into the homeland after World War II, the period between 1944–1948, the period between 1948–1989, and the migration in the latest decades, i.e. after 1989. In connection therewith the issue of emigration, i.e. the state-approved departing from the Republic, is dealt with as well. Attention is further given to the issue of state citizenship that gradually became a prerequisite for the granting of a passport so that the homeland could be left and subsequently returned to lawfully. After 1948 the unauthorised crossing of the borders was criminalised and a new crime occurred, “Unauthorised departing from the territory of the Republic and disobedience of an order to return” (p. 40). The legal regulation gradually underwent certain change and the punishment was sometimes mitigated by a general pardon by the president of the Republic. Finally, the author considers the way in which the punishment was put into practice, i.e. how many persons emigrated, etc. This issue is naturally connected with the complicated issue of the permeability of the state borders, which gradually became completely closed and impassable for refugees in either direction. The change of the legal regulation came about after the 1989 revolution and the fall of the Iron Curtain.
keywords: emigration; passport policy; travel documents; unauthorised departing from the Republic; the right of return emigrace; pasová politika; cestovní dokumenty; nepovolené opouštění republiky; právo na návrat
Právní řešení odchodu a návratu krajanů do Československa z pohledu pasové politiky v historické retrospektivě is licensed under a Creative Commons Attribution 4.0 International License.
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ISSN: 0323-0619
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