Publikace na Právnická fakulta |
2015
Abstrakt
The article presents certain conclusions of an analysis of the case law of the Czech Constitutional Court regarding social rights, specifically of nine en banc (plenary) judgments that either explicitly refer to the reasonableness test or apply it in practical terms. Based on this analysis, it ultimately comes to the conclusion that the Court does not use the test correctly.
The main shortcomings include: firstly, a failure to follow the set structure of the test; secondly, an arbitrary determination of the essential contents of a given social right, which moreover changes over time; and thirdly, an unclear definition of the requirements that legislation must meet in order for it to be considered reasonable.