Charles Explorer logo
🇬🇧

The Charter of Fundamental Rights of the EU in the process of Czech legislation drafting

Publication at Faculty of Law |
2018

Abstract

The Charter of Fundamental Rights of the EU constitutes a principal instrument within contemporary European Union legal order. Thus, in the process of national legislation drafting it deserves substantial attention.

The article outlines why, in a specific context of Czech rules on good legislation, the Charter shall be perceived as a focal point for a legislative drafter. The system of national EU law implementation process is built on both material and formal bases.

The uncertainty regarding the scope of application of the Charter makes following the aforementioned system rather difficult with respect to determining whether the Charter should be taken into account or not. Following the line of the Court of Justice of the EU cases Fransson, Siragusa and Ispas, the author presents a general test which aims to help the decision.