CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ CZECHOSLOVAKIA: CERTIFICATES AND PASSPORTS OF REFUGEES The normative intention of the Czechoslovak government was to bring to legal effects sub- statutory legislation of a temporary nature. According to the legislative plan, the government regulation was to be replaced by a new statute on passports.The passport lawwas to be enacted by the end of 1928 at the latest. 64 Besides, the regulation caused significant derogatory effects. The government regulation terminated the validity of all Austro-Hungarian police-law regulations regarding passports issued after 28 July 1914. However, rules on state border crossing stayed in force. At the same time, provisions governing passport and visa duties remained legally valid. Government Regulation no. 207/1923 Coll. consequently extended the validity of the previous regulation until the end of 1925 and only terminated its section 4 on the registration of non-nationals with a passport at local police organs. 65 Non-nationals who arrived in Czechoslovakia before 30 April 1923 were not under the duty to report themselves to a designated place. However, the provisions of section 3 of Regulation no. 215/1921Coll. on the duty imposed on non-nationals with passports to submit their passport was retained. 66 Czechoslovak provisional passports In former Austria, passport regulations were not arranged into one codified unit. Finally, Ministerial Decree ( ministerská vyhláška ) no. 80, dated 10 May 1867, unified the various normative acts. According to the decree, non-nationals had to have a passport or other documents proving the holder’s identity in order to travel to Austria. A non-national’s duty to have a passport or a similar travel document was not checked at the borders at all. In fact, a very liberal situation existed for a long period of time. Requiring passports was rigorously enforced by the competent authorities only when Russian or Ottoman (including Armenians) subjects wished to enter the Austro-Hungarian Empire. Nor did the Reich organs verify visa compliance. Not only Austria-Hungary, but other states as well deliberately gave up the exercise of their sovereign right to control the entry of non-nationals into their territory. Non-nationals were obtaining passports primarily in their own interest. The pre-war and war circumstances completely overturned the passport and visa tolerance. After the conclusion of peace treaties, the founding states of the League of Nations discussed removing or reducing the legal and administrative barriers for travel put in place before and during World War I. The original members inserted into Article 23 letter e) of the Covenant of the League of Nations the principle of freedom of communication and transit, which presumed the introduction of an international passport regime, the standard of which should be the freedom of movement of persons. The international conference in Paris on passport and custom formalities and through tickets, held from 15 to 21 October 1920, was convened soon after the establishment of the League of Nations. 67 The participating delegations showed an interest in reviving the 64 See section 8 of the Governmental Decree. 65 Government Decree no. 207/1923 Coll., 25 October 1923 amending and extending transitional police-law provisions on passports. 66 Non-nationals in the CSR, the duty to report. (Cizinci v ČSR; povinnost hlášení). Circular of the Ministry of Foreign Affairs no. 119.070-II-24, 7 July 1924. Official gazette of the Ministry of Foreign Affairs , 1924, no. 4, p. 126. Further Official gazette of the Ministry of Foreign Affairs , 1925, no. 5, p. 72. 67 League of Nations, Advisory and Technical Committee for Communications and Transit, Passport Conference, resolution adopted by the Conference on Passport, Custom Formalities and Through Tickets in Paris on 21 October 1920. C 641. M. 230, 1925, VIII, Geneva, 1 November 1925. 4.

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