Charles Explorer logo
🇬🇧

Relation and comparison of EU law and constitutional law of the Czech Republic

Publication at Faculty of Law |
2021

Abstract

This article discusses about European Union, which has the nátuře of a specific organization of an intemational law nátuře. However, it is an organization with significantly supranational elements and thus differs from classic intemational organizations.

The transnationality of the EU is reílected in a number of aspects, in particular the primacy of EU law over the national law of the Member States. EU Member States have an obligation to transfer certain competences to the EU.

This transfers some sovereign rights to the Union and, as a result, limits sovereignty. However, the delegation of powers to the EU is not unrestricted and also with regard to the delegated powers, the EU institutions, in particular the SDEU, must not act ultra vires.

The Constitutional Court of the Czech Republic plays an irreplaceable role in matters of transfer of powers, which does not determine which powers are to be transferred, but should ensure that the transfer of powers does not endanger the sovereignty of the Czech Republic in the sense of the Constitution of the Czech Republic. Its role is also to ensure that the European institutions do not interpret or develop EU law in a way that would jeopardize the foundations of materially understood constitutionality and the essentials of a democratic state governed by the rule of law, which arc understood to be inviolable in accordance with the Constitution of the Czech Republic.

Its important role in relation to the SDEU is also to ensure a Euroconform interpretation by courts in the Czech Republic.