The Reference for a Preliminary Ruling and the Right to a Statutory Judge - Is the Czech Justice more European than the European Union Again?

Result code in IS VaVaI
<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216224%3A14220%2F09%3A00037918" target="_blank" >RIV/00216224:14220/09:00037918 - isvavai.cz</a>
Result on the web
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DOI - Digital Object Identifier
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Result language
angličtina
Original language name
The Reference for a Preliminary Ruling and the Right to a Statutory Judge - Is the Czech Justice more European than the European Union Again?
Original language description
The article analysis 2 decisions of the Czech Constitutional Court (CCC) related to the EU. The 1st decision concerns the constitutionality of the Lisbon Treaty and the second one is about the duty to make a reference for a preliminary ruling. The 1st decision was decided against the settled case law of the ECJ. The challenged parts of the Lisbon Treaty were found compatible with the Czech constitution; however the CCC held that it might not be bound by the principle of primacy of EU law in future. Contrary to this eurosceptic decision in the second judgment the CCC decided that the Czech Supreme Administrative Court (SAC) violated the fundamental right of the complainant to a statutory judge guaranteed by the Czech Charter of Fundamental Rights. The breach was caused by the fact that the SAC did not, being the court of last instance, referred to the ECJ for a preliminary ruling. In these two decisions the Czech justice has proved again, that its approach to the EC law is unpredictable
Czech name
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Czech description
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Publication year
2009
Confidentiality
S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Article name in the collection
The Role and Place of Law in a Society Based on Knowledge
ISBN
978-973-144-283-9
ISSN
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e-ISSN
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Number of pages
7
Pages from-to
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Publisher name
?ACADEMICA BRÂNCUSI? Publisher
Place of publication
Târgu-Jiu
Event location
Târgu-Jiu
Event date
Jan 1, 2009
Type of event by nationality
EUR - Evropská akce
UT code for WoS article
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