<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.</p></abstract>

The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the...

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

Publié en ligne: 07 févr. 2017

Pages: 69 - 82

DOI: https://doi.org/10.1515/iclr-2016-0005

Mots clés
EU law, indirect effect, EU-consistent interpretation, limits, Czech Republic, Constitutional Court, EU Charter

© 2016 Ondrej Hamuľák et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

Publié en ligne: 07 févr. 2017

Pages: 69 - 82

DOI: https://doi.org/10.1515/iclr-2016-0005

Mots clésEU law, indirect effect, EU-consistent interpretation, limits, Czech Republic, Constitutional Court, EU Charter

© 2016 Ondrej Hamuľák et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
EU law, indirect effect, EU-consistent interpretation, limits, Czech Republic, Constitutional Court, EU Charter