The Ombudsman versus your problems with Czech authorities

“We do not have a magic wand, but sometimes we still manage to perform miracles.” Read an interview with a lawyer from the Ombudsman’s team, the Czech Public Defender of Rights. Read how they saved expats from expired visas or unjust medical payments.
Have you ever had a run-in with the Czech authorities? Have you felt that the truth is on your side, but you could not convince the authorities? Have you ever waited too long for an office’s decision? In these situations, you can turn to the Ombudsman. We have discussed exactly when and how the Ombudsman can help you with Veronika Víchová, a lawyer from the Ombudsman’s office. In her practice, she focuses mainly on the issue of foreigners’ law.
How long have you been working in the Ombudsman’s office? Can you elaborate on what you do professionally?
I have been with the office for five years now and I mainly focus on migration law, dealing with various residence permits and visas. I also deal a lot with temporary protection and the related integration and adaptation, as well as asylum law. I enjoy researching the impact of modern technology on immigration law, but also on human rights in general.
In what situations can the Ombudsman be contacted?
Anyone can contact us, especially when it comes to problems with the Czech authorities – be it ministries, regional or municipal authorities, labour offices, tax offices and many others. People often contact us because they disagree with the way the authorities are acting. Alternatively, they feel that everything takes an unnecessarily long time. Those are the most common issues we deal with. However, we also help people who are experiencing discrimination, or people with disabilities, for example, when they feel that their rights are being interfered with.
With what problems do foreigners living in the CR most often turn to the ombudsman?
Difficulties in applying for visas at embassies, residence permits or complications related to the asylum procedure or temporary protection are very common. But of course I could go on and on – we also receive submissions about humanitarian benefits, removal from the register of jobseekers or labour exploitation. We cannot help everyone, but we always try to at least give advice or direct the complainant. We have written down guides for some comman issues / difficult situations, in English and other languages – you can have a look here.
In addition to assistance in individual cases, we also deal with systemic issues or shortcomings in Czech legislation. In the past, we focused on problems with the Visapoint system (used to apply for residency in the Czech Republic), or the right to vote of EU citizens residing in the Czech Republic. Currently, we are focusing on unaccompanied minors and problems with administrative expulsion.
The Ombudsman - the Public Defender of Rights
The office of Ombudsman protects persons against the conduct by authorities and other institutions if such conduct is contrary to the law or in case the authorities fail to act. The Ombudsman also protects people from discrimination, performs visits to facilities housing people restricted in their freedom, strives to prevent ill-treatment and monitors the rights of people with disabilities. His office is in Brno, at Údolní Street. Get in touch with his team by filling out an online contact form.
Can you give us an example where the Ombudsman successfully intervened for a foreigner in the CR?
For example, we helped a Belarusian whose residence permit had expired. Initially, it seemed to be due to his own mistake. We investigated the situation and found out that it was the Ministry of the Interior’s fault. In the end, everything turned out well and the man was allowed to stay.
Or, we had a case involving foreign parents where an insurance company demanded that they pay for medical examinations for their newborn baby. However, we found out that according to a decision by the Ministry of the Interior, the child had permanent residence from birth. Which means that the state is responsible for paying for the child’s health insurance. The insurance company eventually acknowledged its mistake and refunded the money to the parents.
Among EU citizens living in the Czech Republic, there is a lot of discussion about the possibility of standing for election to municipal councils and the European Parliament. What is the current situation?
This issue has not yet been resolved. We have been working on this matter for several years now, striving to ensure that EU citizens have the same rights as Czech citizens, i.e. that they can join political parties and stand in the elections mentioned above. The Court of Justice of the European Union shares this view. We are now waiting to see how the Czech Ministry of the Interior will respond and whether it will amend the electoral laws.
Are there any cases when it makes no sense to contact you?
For example, we cannot deal with foreign authorities. We also cannot intervene in purely private disputes between people or companies. Nor can we help in disputes with hospitals or other medical facilities.
What should the submission of a query or complaint look like?
It’s quite simple. The first step is simply to describe your situation, preferably submitting it online through our web website here. But you can also contact us by phone, email, mail or in person. (Find the contact details here)
Once a lawyer takes your case, he or she will request additional documents or information if needed.
In what language can people contact you?
We expect English, but we can handle all languages.
Questions asked by Martina Švaříčková Hlavatá. Picture courtesy of the Ombudsman Office.