THE IMPORTANCE OF WELL-ADJUSTED PUBLIC REGULATION AND THE IMPACT OF DEFICIENCIES ON THE FUNCTIONING OF THE STATE IN CRISIS SITUATIONS - THE EXAMPLE OF THE CZECH REPUBLIC IN THE EUROPEAN CONSTITUTIONAL CONTEXT

Kód výsledku v IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F00216208%3A11220%2F23%3A10465246" target="_blank" >RIV/00216208:11220/23:10465246 - isvavai.cz</a>

Výsledek na webu

<a href="https://verso.is.cuni.cz/pub/verso.fpl?fname=obd_publikace_handle&handle=eJObGPVHDL" target="_blank" >https://verso.is.cuni.cz/pub/verso.fpl?fname=obd_publikace_handle&handle=eJObGPVHDL</a>

DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

THE IMPORTANCE OF WELL-ADJUSTED PUBLIC REGULATION AND THE IMPACT OF DEFICIENCIES ON THE FUNCTIONING OF THE STATE IN CRISIS SITUATIONS - THE EXAMPLE OF THE CZECH REPUBLIC IN THE EUROPEAN CONSTITUTIONAL CONTEXT

Popis výsledku v původním jazyce

This article is dedicated to the importance of well-adjusted public regulation and the impact of deficiencies on the functioningof the state in crisis situations, using the example of the Czech Republic. The present article focuses on those parts of the constitutionalsystem of the Czech Republic (in comparison with other comparable countries) which regulate special procedures in ensuring the securityof the state and the fulfilment of international obligations, for example in the field of common defence against attack. Some of the provisionsanalysed have not yet been applied, while others have and there is sufficient evidence from their daily application and practice. The firstgroup of cases includes the procedure for declaring a state of war, which is a legal condition for the application of a number of measuresnecessary for the defence of the state and the support of treaty allies. The second group includes in particular the issue of sending the CzechArmed Forces abroad, which is closely related to the Czech Republic&apos;s obligations towards NATO and its VJTF forces. The constitutionalprocedure for the approval of flights of foreign armed forces over the territory of the Czech Republic is not feasible in its current form. Alegal comparison shows the importance of balanced constitutional and legal regulation on the one hand. On the other hand, the potentialproblems that, under the rule of law, inappropriate legal regulation can bring not only for the state itself, but also for its partners in theinternational community are highlighted. The article presents, through comparative legal methods, the notion that that although mostEuropean states with a parliamentary form of government are rather restrained players in the use of armed forces outside their territory, asignificant proportion of them do give the executive the possibility to dispose of these armed forces. This can only occur if necessary, withsubsequent parliamentary control, and not under the full control of the parliament through its consent given in advance.Possible proposals to address the problems described are also offered. The analysis shows that, in comparison with other states with similarsizes, power, history and needs, political representation in the Czech Republic is in a kind of mental trap. This could even complicate thefulfilment not only of the security interests of the state, but also of its obligations to its partners in the international community.

Název v anglickém jazyce

THE IMPORTANCE OF WELL-ADJUSTED PUBLIC REGULATION AND THE IMPACT OF DEFICIENCIES ON THE FUNCTIONING OF THE STATE IN CRISIS SITUATIONS - THE EXAMPLE OF THE CZECH REPUBLIC IN THE EUROPEAN CONSTITUTIONAL CONTEXT

Popis výsledku anglicky

This article is dedicated to the importance of well-adjusted public regulation and the impact of deficiencies on the functioningof the state in crisis situations, using the example of the Czech Republic. The present article focuses on those parts of the constitutionalsystem of the Czech Republic (in comparison with other comparable countries) which regulate special procedures in ensuring the securityof the state and the fulfilment of international obligations, for example in the field of common defence against attack. Some of the provisionsanalysed have not yet been applied, while others have and there is sufficient evidence from their daily application and practice. The firstgroup of cases includes the procedure for declaring a state of war, which is a legal condition for the application of a number of measuresnecessary for the defence of the state and the support of treaty allies. The second group includes in particular the issue of sending the CzechArmed Forces abroad, which is closely related to the Czech Republic&apos;s obligations towards NATO and its VJTF forces. The constitutionalprocedure for the approval of flights of foreign armed forces over the territory of the Czech Republic is not feasible in its current form. Alegal comparison shows the importance of balanced constitutional and legal regulation on the one hand. On the other hand, the potentialproblems that, under the rule of law, inappropriate legal regulation can bring not only for the state itself, but also for its partners in theinternational community are highlighted. The article presents, through comparative legal methods, the notion that that although mostEuropean states with a parliamentary form of government are rather restrained players in the use of armed forces outside their territory, asignificant proportion of them do give the executive the possibility to dispose of these armed forces. This can only occur if necessary, withsubsequent parliamentary control, and not under the full control of the parliament through its consent given in advance.Possible proposals to address the problems described are also offered. The analysis shows that, in comparison with other states with similarsizes, power, history and needs, political representation in the Czech Republic is in a kind of mental trap. This could even complicate thefulfilment not only of the security interests of the state, but also of its obligations to its partners in the international community.

Druh

J_ost - Ostatní články v recenzovaných periodicích

CEP obor

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OECD FORD obor

50501 - Law

Projekt

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Návaznosti

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Rok uplatnění

2023

Kód důvěrnosti údajů

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

Název periodika

International Comparative Jurisprudence [online]

ISSN

2351-6674

e-ISSN

2351-6674

Svazek periodika

9

Číslo periodika v rámci svazku

1

Stát vydavatele periodika

LT - Litevská republika

Počet stran výsledku

11

Strana od-do

53-63

Kód UT WoS článku

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EID výsledku v databázi Scopus

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