Applicable laws and regulations
11.06.2009 / 12:15
Conditions of entry of aliens into the territory of the Czech Republic are regulated by Act No. 326/1999 Coll. on the stay of aliens in the territory of the Czech Republic, as amended (the “Alien Act”). The following implementing regulations have been issued to implement provisions of the Alien Act:
Decree No. 368/1999 Coll., as amended, establishing the requirements and number of photographs required by the Alien Act.
Decree No. 274/2004 Coll. ,as amended, listing the diseases that could endanger public health and listing the diseases and afflictions that could seriously impact public order.
Decree No. 446/2005 Coll., as amended, defining the groups of foreigners who can remain in the transit area of international airports in the Czech Republic only on the basis of an airport visa.
Decree No. 447/2005 Coll., as amended, defining the amount of expenses for accommodation, meals and travel within the Czech Republic for foreigners detained for the purpose of administrative expulsion.
Decree No. 415/2006 Coll., as amended, defining the technical conditions and procedures for obtaining and further processing of the biometric data contained in the data carriers of travel documents.
Decree No. 462/2008 Coll., as amended, listing countries whose nationals may apply for the issue of a visa, long-term or permanent residence permit solely at the diplomatic mission in the state whose nationals they are or which has issued the travel document held by such alien, or in the state where they hold a long-term or permanent residence permit.
EC/EU legislation regulating the stay of aliens in the territory of the Czech Republic
Conditions of entry of aliens into the territory of the Czech Republic are regulated not only by Czech laws but also by binding EC/EU legislation, which includes binding Schengen legislation.
This legislation includes primarily the following:
Regulation (EC) No. 562/2006 of the European Parliament and the Council of 15 March 2006, establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).
Council Regulation (EC) No. 539/2001, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement.
Directive 2004/38/EC of the European Parliament and the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
Council Directive 2005/71/EC of 12 October 2005 on a specific procedure for admitting third-country nationals for the purposes of scientific research.
Act No. 48/1997 Coll. on public health insurance and on the amendment to related laws, as amended
Convention on Civil Aviation, promulgated under No. 147/1947 Coll.
Act No. 435/2004 Coll. on employment, as amended.
Act No. 110/2006 Coll. on subsistence minimum, as amended.
Act No. 117/1995 Coll. on state social assistance, as amended.
Act No. 325/1999 Coll. on asylum, as amended.
Act No. 341/2005 Coll. on public research institutions, as amended.
Act No. 101/2000 Coll. on personal data protection and on the amendment to certain laws, as amended.