Constitutional Identity of the Czech Republic

Kód výsledku v 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>

Výsledek na webu

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

DOI - Digital Object Identifier

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Jazyk výsledku

angličtina

Název v původním jazyce

Constitutional Identity of the Czech Republic

Popis výsledku v původním jazyce

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.

Název v anglickém jazyce

Constitutional Identity of the Czech Republic

Popis výsledku anglicky

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.

Druh

C - Kapitola v odborné knize

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 knihy nebo sborníku

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

ISBN

978-615-6474-30-8

Počet stran výsledku

29

Strana od-do

135-163

Počet stran knihy

410

Název nakladatele

Central European Academic Publishing

Místo vydání

Miskolc

Kód UT WoS kapitoly

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