Czech Supreme Administrative Court upholds homeless Romani family's appeal of eviction, returns case to Regional Court
The Czech Supreme Administrative Court (NSS) has overturned a verdict from the Regional Court in Ústí nad Labem in a 2018 case about the eviction of a Romani family from a residential hotel in Ústí nad Labem that closed down after the city announced it was implementing so-called "benefit-free zones" on its territory. In their lawsuit against the city, the family said an unlawful infringement of their rights had been committed and asked the court to abolish the measures through which the "benefit-free zones" had been announced.
The Regional Court refused to even hear the family's lawsuit. The NSS has now decided that was unlawful.
The NSS criticized the approach taken by the Regional Court when it rejected the lawsuit on the basis of the complainants allegedly lacking active legitimacy in the procedure. The NSS also said the measure announcing the "benefit-free zone" could have harmed the rights of the complainants, especially their right to housing and to private life.
There is a second part to the case, about the city unlawfully infringing the rights of the evicted family, that the NSS has yet to rule on. "By means of this decision the NSS, of course, is not indicating whether the complainants will be successful with their complaint, it just means that the Regional Court will have to review the facts," presiding NSS Justice Jaroslav Vlašín told the daily Mladá fronta DNES.
The Forum for Human Rights and Konexe organizations, which helped bring the case, stated in a joint press release sent to news server Romea.cz that "Ever since they were evicted from the residential hotel, this family, who have five children, have been unsuccessfully seeking dignified, stable housing, they have been moving from shelter to shelter. To find a stable sublet on the commercial rental market is essentially impossible for this family because of their Romani ethnicity."
For more than two years now, a motion filed by senators to abolish the part of the law on aid to those in material distress that facilitates the declaration of "benefit-free zones" has been waiting for the Czech Constitutional Court to rule on it. The intolerable situation in housing in the Czech Republic, including the existence of such zones, were also the reason for a collective complaint being filed against the country in February by the European Federation of National Organizations Working with the Homeless (FEANTSA) with the Council of Europe's European Committee of Social Rights, which supervises how States Parties honor their commitments under the European Social Charter.
- Czech bill would prevent evictions due to nonpayment of rent during COVID-19 pandemic
- Residents of Czech neighborhood announce "Two Weeks of Vigilance" to protest their impending eviction
- Czech region where evictions are underway keeps rejecting plans to subsidize lunches for impoverished schoolchildren
- Families with children facing eviction sue Czech city for putting them at risk of homelessness
- Czech Police respond to incident between NGO social workers and Romani parents about impending evictions
- Czech Constitutional Court rejects complaint from municipality defending its 2006 eviction of Romani residents
- Czech Republic: Romani tenants at risk of eviction got their leases extended
- Czech Republic: Demonstration supports 100+ families at risk of eviction in Brno
- Czech Republic: Protest march planned in Brno over eviction of 100+ mostly Romani families
- Czech town "celebrates" 10th anniversary of Romani evictions and creation of ghetto with fireworks
- Czech town of Kroměříž plans to demolish Romani-occupied buildings in approach reminiscent of previous evictions
- AI: Romani families face forced eviction while Czech town earmarks EU funds for social inclusion
- Czech Spolu (Together) coalition: Education is the path to better integration of Roma, "inadaptables" don't want to conform
- Czech town sees 6 000 people attend Romfest in runup to elections, Romani figures explained the importance of voting and warned against ultranationalists
- Fire in Czech town destroys building where bereaved relatives of Stanislav Tomáš, the Romani man who died in police custody in June, were living
- Romanian town must finally compensate some members of a forcibly evicted Romani community
- Vojtěch Lavička: Czech law on housing benefit-free zones was an attack on human dignity
- Czech mayors regret abolition of housing benefit-free zones, one alleges the move will "cause extremism"
- Czech Labor and Social Affairs Minister proposes "expropriating" residential hotels after housing benefit-free zones declared unconstitutional
- BREAKTHROUGH DECISION: Czech Constitutional Court overturns part of law that allowed municipalities to declare "housing benefit-free zones"
- Czech mobile team has vaccinated about 100 people against COVID-19 at the Mojžíř housing estate and will visit other excluded localities
- Czech Police President backs officers who intervened against Romani man who later died, expresses regret at the loss of life - the first such statement
- Czech town cancels commission for container housing as too costly - which local opposition politicians have argued all along
- Vojtěch Lavička: Ghettos in the Czech Republic are determined by poverty, nobody judicious believes they can disappear