Constitutional Identity of the Czech Republic

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F61989592%3A15220%2F23%3A73629841" target="_blank" >RIV/61989592:15220/23:73629841 - isvavai.cz</a>

Result on the web

<a href="https://real.mtak.hu/190496/" target="_blank" >https://real.mtak.hu/190496/</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

Constitutional Identity of the Czech Republic

Original language description

The chapter focuses on the relationship between national and EU law from the perspective of the Czech Republic. Its aim is not to provide comparative analysis of these issues, but rather to present a specifically Czech perspective, with a particular emphasis on the concept of Czech constitutional identity. As such, the chapter is based on the jurisprudence of the Czech Constitutional Court and corresponding academic discourse. The chapter starts with the discusses of incorporation of the EU law into Czech constitutional order, its direct effect and the limits on the primacy of EU law. It concludes that while there are no provisions on the effects of EU law in Czech constitutional order, the Constitutional Court uses the principles established by the EU law itself. Notably, even though the Constitutional Court is known to be a strong protector of Czech constitutional identity, the primacy of EU law has never been called into question. The chapter further examines in detail the concept of transfer of national sovereign powers to the EU and its constitutional consequences, its legal basis and the procedure for it, and, in particular, its limits, including the ultima ratio supervision of the Czech Constitutional Court; in that respect, the first ever ultra vires ruling, passed by the Czech Constitutional Court, is explained, including its consequences for further practice. Finally, the Chapter concentrates on the European values, as enshrined in Article 2 of the Treaty on the European Union, and national identity, protected by Article 4 thereof. The Constitutional court finds these fundamental values in principle compatible, even though in practice, it did not have to resolve any specific problem concerning this issue.

Czech name

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Czech description

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Type

C - Chapter in a specialist book

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2023

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Book/collection name

Common Values and Constitutional Identities: Can Separate Gears Be Synchronised?

ISBN

978-615-6474-30-8

Number of pages of the result

29

Pages from-to

135-163

Number of pages of the book

410

Publisher name

Central European Academic Publishing

Place of publication

Miskolc

UT code for WoS chapter

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