Application of the Charter of Fundamental Rights and Freedoms in the control of the constitutionality of laws
Abstract
This chapter examines the application of the Charter of Fundamental Rights and Freedoms in the review of constitutionality of laws performed by the Constitutional Court of the Czech Republic. It tries to offer an inductive typology of grounds of unconstitutionality of laws in the case law of the Constitutional Court. Five categories with more detailed sub-categories are distinguished:
1) violations of relatively concretely formulated provisions of the Charter,
2) arguments based solely on proportionality (legitimate aim, suitability, necessity),
3) violations of the principle of equality,
4) violations of formal aspects of rule of law,
5) lack of effective procedural protection. Equality and fair trial are most prominent in the case law, but the importance of concrete provisions (as opposed to more abstract principles) should not be underestimated. Overall, the Charter has offered a broad and solid basis for the review of constitutionality of laws.