Abstract
This paper deals with two intertwined processes – with the formation of the Czech Constitutional Court’s doctrine on the relationship between Czech constitutional law and European law, on the one hand, and, on the other, with the simultaneous development of the Court’s own role under the new circumstances where it is faced with two interconnected and to a certain extent, independent legal orders in its jurisdiction. In order to be able to determine the essential features of these processes, we have selected two decisions of the Court and analyzed them in-depth.
First, we present the Court’s positioning. Second, we critically analyze the essential components of the Court’s European doctrine (ad II).
Finally, we identify the origins for the Court’s confusion and suggest that it should adopt a relativist approach to deal with conflicts between the two legal orders, both substantially and procedurally (ad III).