HUMAN RIGHTS IN THE EUROPEAN CONSTITUTIONAL ORDER

One of the changes is to the time limit in which the competent authority shall adopt a decision on the application. It is stated that a decision should be adopted as soon as possible but within a maximum limit of 90 days. 38 This is a change from the previous 4 months. 39 However, in the Single Permit Directive I it was possible to extend the 4 months in exceptional circumstances, now such an extension is possible only by 30 days “ in exceptional and duly justified circumstances linked to the complexity of the application ”. 40 In reality, on many occasions the member states have their own shorter limits on issuing these permits (however some have non 41 ), for example the Czech Republic has the limit of 60 days and 30 days in “abnormally complex cases”. 42 According to surveys conducted by the EU on the efficiency of the procedure, only 5% of the respondents answered that theirs application took more than 4 months to process. 43 While most of the member states seem to adhere to the time limits (also by introducing their own legal limits) as is also shown presented by the official sources, for example it takes maximum up to 3 months in Belgium 44 . Or according to non-official sources, around 7–8 weeks in Austria 45 and four to eight weeks in Germany. 46 Some member states have problems with adherence to these time limits, for example Sweden. This seems also to relate to the directive not establishing concrete consequences to the incompliance with the limits and leaves up to the national legislation. In some countries the practice is a tacit approval, in others tacit disproval. However, in countries like Sweden, or Germany it is neither leading to uncertainty when the 41 Report From The Commission To The European Parliament And The Council on Directive 2011/98/ EU on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State: COM/2019/160 final, 2019. In: European Commission. EUR Lex. [online]. March 2019 [cit. 2024-08-15]. Available at: https://eur-lex.europa.eu/legal-content/EN/ TXT/?qid=1567068156341&uri=CELEX:52019DC0160. 42 Act No. 326/1999 Sb., on the Residence of Foreign Nationals in the Territory of the Czech Republic and on the Amendment of Certain Laws. § 169t. 43 European Commission. Legal migration fitness check: Summary of Replies to the public consultation on legal migration by non-EU citizens. In: Publications Office of the European Union. Luxembourg: Publications Office of the European Union. [online]. November 2017, p. 39-45. [cit. 2024-08-15]. Available at: https://doi.org/10.2837/76718. 44 Single permit application: Period exceeding 90 days. In: Brussels Regional Public Service. [online]. [cit. 2024-08-15]. Available at: https://economy-employment.brussels/single-permit-intern-private. 45 Work Permit in Austria. In: MULTIPLIER. [online]. [cit. 2024-08-15]. Available at: https://www. usemultiplier.com/austria/work-permit. 46 THOMAS, Jeff, 2023. Germany Work Permit Processing Time: What You Need to Know. In: Immigration international. [online]. October 2023. [cit. 2024-08-15]. Available at: https:// immigrateinternational.com/work-permit-processing-time-germany-en/. 38 Article 5, paragraph 2 2024/1233/EU. 39 Article 5, paragraph 2, 2011/98/EU. 40 Article 8, 2024/1233/EU.

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