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The contribution of the Czech Constitutional Court to the European constitutional culture

Publikace na Právnická fakulta |
2019

Tento text není v aktuálním jazyce dostupný. Zobrazuje se verze "en".Abstrakt

The perception of EU law within the domestic legal order by the Czech Constitutional Court is substantive and value-oriented, incl. referencies to "the eternity clause" of the Constitution (article 9 para. 2), as demonstrated by landmark judgements. However, the Court, following the model of specialized and concentrated constitutional review, reserved towards the treatment of EU law by general courts, is intervening in their decision-making only when it amounts into qualified (grave) violation of constitutional order.

It leaves them a considerable potential and guiding orientation for their immediate participation in a multi-level judicial discourse. This is its indirect contribution of the Czech Constitutional Court to the development of the European constitutional culture.