Constitutional Continuity between the Czech and Slovak Federal Republic and the Czech Republic with Regard to Membership in the European Union
Abstract
The split of Czechoslovakia was decided in the summer of 1992, when the future European agreement with the EC and their member states had already been negotiated and was waiting for ratification. Renegotiation was thus necessary.
Since this agreement was an Association agreement of a new generation including p.ex. political dialogue, the EC Commission was insisting on including a new clause, article 6, making possible the eventual suspension of the agreement due to eventual defaults in respecting basic rights and freedoms by the Czech Republic. This "suspension clause" in the new European agreement was approved by the European Council in Copenhagen in 1993.
It was also a consequence of new article F of the Maastricht Treaty added during the ratification process, coming into force on 1 November 1993. This experience shows that there is no direct continuity of split countries concerning their relations to the EC and EU.
Key words: European law, European agreements, suspension clause, human rights.