Abstract
The article deals with the problem of the preventive constitutional review of the primary European law, especially of the amendments to the Treaties establishing the European Union. In the year 2001 the Czech Republic's Constitution was amended by a constitutional law, under which every international treaty was allowed to be reviewed by the Constitutional Court before its ratification.
After approximately one decade of complex and generally complicated process of enlarging and deepening the European integration the Lisbon Treaty was prepared, signed and ratified by the EU member states. On the favour of more flexible changing and amending of the Lisbon Treaty a special procedure was introduced.
Except the ordinary revision procedure a simplified procedures are according to the art. 48 par. 6, 7 allowed. From the point of view of the preventive constitutional review in the Czech Republic the simplified revision procedure means a blank cheque.
The problem is the revision of the Treaties under the simplified procedure is not done by an international agreement. According to the Czech constitutional law the preventive review is allowed just in the case of international agreements.
Thus the Constitutional Court of the Czech Republic cannot review the decisions adopted in the simplified revision procedure. Such a situation is not desired as the changes of the Treaties may have a significant impact on the position of the EU member states.
Therefore the Constitution of the Czech Republic as the law on the Constitutional Court should be changed to allow the preventive constitutional review of all revisions of the Treaties.