HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

article 27 of the Charter of Fundamental Rights and Freedoms 32 and no distinctions are made to a non-citizen. Further the Single Permit Directive II reflects on the Judgment of the Court (Fifth Chamber) of 25 November 2020, “ Istituto nazionale della previdenza sociale v WS” 33 in which was ruled that the social security benefits to which the single permit holder should have access to, cannot be refused even if the permits holder family is not living in the member state, as long as the practice is the same for the member state nationals. 34 4. Changes to the Application System According to the EU, the Single Permit Directive II should make the application procedure effective and less bureaucratic. This should incentivize both the employers to look for workers outside of the EU and increase EUs attractiveness. 35 As mentioned in the introduction, the numbers of asylum seekers seeking asylum is around more than a million a year, and there are more than a million applications pending at the end of a year, the same cannot be said for the single permit applications. There was as much as 3 575 595 single permits issued in 2022 across the EU, which was an increase from 2021 by half a million. 36 However, in my research I haven’t been able to find what is the situation at the Czech national level when issuing these permits and whether the time limits to issue a permit are being kept, so it is hard to determine if the offices are under too much pressure or not. The reason why offices are not overflown by the applications might be, that they are much more distributed across the EU members, unlike what is true with the asylum issuance. 37 32 Resolution No. 2/1993 Sb., on the Declaration of the Charter Of Fundamental Rights And Freedoms as part of the constitutional order of the Czech Republic. Wolters Kluwer [online]. [cited 2025-3-18]. Available at: https://www.aspi.cz/products/lawText/1/40453/1/2. 33 Judgment of the Court (Fifth Chamber) of 25 November 2020. Istituto nazionale della previdenza sociale v WS . Request for a preliminary ruling from the Corte suprema di cassazione. Reference for a preliminary ruling – Directive 2011/98/EU – Rights for third country workers who hold single permits – Article 12 – Right to equal treatment – Social security – Legislation of a Member State excluding, for the purposes of determining entitlement to a family benefit, the family members of the holder of a single permit who do not reside in the territory of that Member State. Case C-302/19. Available at: https:// eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:62019CJ0302. 34 Recital 35, 2024/1233/EU. 35 Legal migration and integration: A single permit for work. In: European Union. Home affairs. [online]. 2024. Available at: https://home-affairs.ec.europa.eu/policies/migration-and-asylum/legal-migration and-integration/work/single-permit-work_en. [cit. 2024-08-15]. 36 Asylum applications – annual statistics. In: EUROSTAT. [online]. 2024. [cit. 2024-08-15]. Available at: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Asylum_statistics&oldid=558844#- Citizenship_of_first-time_applicants_.E2.80.93_mainly_Syrian.2C_Afghan_and_Turk. 37 Residence permits – statistics on authorisations to reside and work. In: EUROSTAT. [online], 2023. [cit. 2024-08-15]. Available at: https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Residence_ permits_%E2%80%93_statistics_on_authorisations_to_reside_and_work#Single_procedure_for_ non-EU_citizens_to_reside_and_work_in_the_EU.

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