Fundamental Rights of the EU, Czech Legal Order
The result's identifiers
Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F22%3A10447941" target="_blank" >RIV/00216208:11220/22:10447941 - isvavai.cz</a>
Result on the web
<a href="https://link.springer.com/referencework/10.1007/978-3-319-31739-7?page=3#toc" target="_blank" >https://link.springer.com/referencework/10.1007/978-3-319-31739-7?page=3#toc</a>
DOI - Digital Object Identifier
<a href="http://dx.doi.org/10.1007/978-3-319-31739-7" target="_blank" >10.1007/978-3-319-31739-7</a>
Alternative languages
Result language
angličtina
Original language name
Fundamental Rights of the EU, Czech Legal Order
Original language description
The adoption of the Charter of Fundamental Rights of the European Union has completed, from certain point of view, human rights evolution at the EU level. The Union Charter followed the concept of the protection of fundamental rights as a general principle of EU law formulated by the Court of Justice of the European Union. In line with Article 51(1), the Union Charter is addressed to the institutions of the European Union as well as to the Member States. However, the provisions of the Union Charter are binding on the Member States only when they are implementing Union law. Accordingly, it is necessary to answer the question whether the Member State is "implementing Union law" when the national court is deciding a case which has human rights dimension or a national law is being drafted and adopted. If so, the Union Charter has to be applied or taken into consideration. Case law of the Court of Justice of the EU is of cardinal relevance in this respect and it has to be duly analysed.The EU Charter of Fundamental Rights has been gradually influencing legal systems of the Member States including the Czech Republic. Czech courts apply the Union Charter, though not always in conformity with Article 51(1). All Czech courts are obliged to apply the Union Charter, however, specific attention has to be paid to the Constitutional Court of the Czech Republic. Jurisdiction of the Constitutional Court includes decision-making in the area of the protection of fundamental rights and freedoms. It applies the Czech Charter of Fundamental Rights and Freedoms as well as international human rights treaties such as the European Convention for the Protection of Human Rights and Fundamental Freedoms. The approach of the Constitutional Court is crucial because it defines the status of the Union Charter in Czech legal system, it interprets the Czech Charter in the light of the Union Charter and thus affects decision making of other courts.
Czech name
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Czech description
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Classification
Type
C - Chapter in a specialist book
CEP classification
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OECD FORD branch
50501 - Law
Result continuities
Project
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Continuities
I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace
Others
Publication year
2022
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů
Data specific for result type
Book/collection name
Encyclopedia of Contemporary Constitutionalism
ISBN
978-3-319-31739-7
Number of pages of the result
18
Pages from-to
1-18
Number of pages of the book
1850
Publisher name
Springer Cham
Place of publication
eBook
UT code for WoS chapter
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