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The Czech Constitutional Judiciary in the European Constitutional Area

Publication at Faculty of Law |
2016

Abstract

The paper of the justice of the Constitutional Court, Jiří Zemánek, brings an analysis of the constitutional basis of decisions of the Constitutional Court of the Czech Republic in relation to EU law. Following the initial optimistic attitude, a Euroamendment" to the Constitution was adopted, and the Constitutional Court started defining itself against EU law to a greater extent.

The author further duly addresses the relationship to the Court of Justice of the EU, focusing in particular on assessing the compatibility of the Constitutional Court's mandate under the Constitution and under EU law (including comparative approaches), and other stages of the establishment of a European doctrine in the case law of the Constitutional Court. Justice Zemánek arrives at the conclusion that the time is right to discuss a change of attitude of the Constitutional Court: it ought to stress its European role more, and examine the focal point of the constitution (its immutable core) against the ackground of the value equivalents of the European Union.