EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Ivo Šlosarčík
Keyword(s):  
Czech Republic ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Related Case ◽  
The Czech Republic ◽  
Constitutional Principle ◽  
Legal Provisions ◽  
International Obligations ◽  
The Eu

AbstractBefore the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established for transfer of competencies to an external entity, all framed by the explicitly formulated constitutional principle of loyalty to the international obligations of the Czech Republic. However, the ‘European amendment’ of the Czech Constitution has left several important issues unanswered, such as the principle of supremacy of the EU law or relations between the Czech Constitutional Court and the Court of Justice of the EU.This article analyses how the Czech Constitutional Court tackled with EU-related constitutional issues that emerged during the first decade of Czech membership in the EU. Focused on four key cases decided by the Czech Constitutional Court (sugar quotas, European Ar­rest Warrant, Lisbon Treaty, Slovak Pensions), the article will demonstrate how the Czech Constitutional Court combined a conservative and pragmatic approach in its EU law related case-law by formulating a constitutional doctrine of a ‘EU-friendly’ interpretation of Czech constitutional rules, while, at the same time, leaving the EU law formally outside the frontiers of Czech constitutional law and refusing EU law to be used as the ultimate argument in intra-judiciary disputes in the Czech Republic.

scholarly journals Control de la constitucionalidad del derecho secundario de la Unión Europea en los países del «grupo Visegrad» = The constitutionality of the EU secondary law in the Visegrad Group’s countries

2014 ◽  
Vol 1 (33) ◽  
pp. 399
Author(s):  
Jaroslaw Sulkowski ◽  
Anna Chmielarz-Grochal
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
The Czech Republic ◽  
Legal Situation ◽  
El Sistema ◽  
Long Time ◽  
The Eu

Los países del Grupo de Visegrad se unieron a la Unión Europea hace más de una década, tiempo suficiente para tratar de evaluar el funcionamiento de las normas creadas desde la Unión Europea en los tribunales constitucionales de los nuevos Estados miembros. Debido a la similitud de cultural, histórico y de la legalidad parece ser útil para analizar la situación legal en Polonia, la República Checa, Eslovaquia y Hungría. El estudio muestra que la Constitución en la medida en que se refiere a los actos de Derecho derivado de la UE en el sistema jurídico nacional puede crear cierta confusión. En Polonia y Eslovaquia, las constituciones garantizan la primacía del Derecho derivado de la UE, sin embargo, no precisa la relación entre estos actos y el Derecho derivado de la UE. En la República Checa la Constitución no se refiere a las normas creadas por la Unión Europea. En Hungría, por su parte, la ley de la UE se considera como una ley nacional, pero no elimina las dudas sobre la posibilidad de su control constitucional.The Visegrad Group’s countries joined the European Union more than 10 years ago, it’s a long time, enough to take in trying to assess the functioning of the acts created by the European Union in the constitutional courts of the new Member States. Due to the similarity of cultural, historical and legality seems to be useful to analyzethe legal situation in Poland, the Czech Republic, Slovakia and Hungary. The study shows that the constitution in so far as they relate to the acts of secondary EU law in the national legal system may raise some confusion. In Poland and Slovakia the constitutions guarantee the primacy of the EU secondary law, however, they do not precise the relationship between those acts and the EU secondary law. In the Czech Republic the constitution does not relate to the acts created by the European Union. In Hungary, in turn, EU law is treated as anational law, but it does not eliminate the doubts about the possibility of its control with the constitution.

scholarly journals Entry Into the Common Market of the European Union in Terms of Czech Republic’s Foreign Trade with Dairy Products

2018 ◽  
Vol 66 (2) ◽  
pp. 605-616 ◽  
Author(s):  
Ivo Zdráhal ◽  
Věra Bečvářová
Keyword(s):  
European Union ◽  
Czech Republic ◽  
Foreign Trade ◽  
Dairy Products ◽  
Business Environment ◽  
Common Market ◽  
Milk Product ◽  
The European Union ◽  
The Czech Republic ◽  
The Eu

The aim of the paper is to evaluate the development of the Czech foreign trade in milk and milk products and specify the typical features and consequences within its territorial and commodity structure using a specific system of indicators intended to show a relevant image on the topic. The analysis covers the period between 1999 and 2015 and are interpreted in the context of changes of the business environment that have occurred in the last two decades, particularly in relation to the Czech Republic’s entry into the European Union. Throughout the studied period, the Czech Republic revealed a positive balance of trade in milk and dairy products, as well as favourable values of TC index (value of coverage of import by export). The dynamics of the territorial structure of export and import is embodied in the overall trade dynamics between the Czech Republic and countries of EU-28. The Czech Republic’s entry into the EU common market, however, led to a change in the trading milk product structure. As a negative is regarded the fact that the structure of Czech export to the EU countries has changed and that is mainly concentrated on basic raw milk or dairy products of the first phase of processing with relatively low added value.

scholarly journals Comparison of agricultural subsidies in the Czech Republic and in the selected states of the European Union

2009 ◽  
Vol 55 (No. 11) ◽  
pp. 519-533 ◽  
Author(s):  
F. Střeleček ◽  
R. Zdeněk ◽  
J. Lososová
Keyword(s):  
Czech Republic ◽  
Life Quality ◽  
The European Union ◽  
Agricultural Subsidies ◽  
The Czech Republic ◽  
Subsidy Rate ◽  
European Heritage ◽  
The Common ◽  
The Difference ◽  
The Eu

The Common Agricultural Policy has been implemented in order to guarantee the appropriate life quality for farmers and to preserve the European heritage. Costs of its realization amounted to 40% of the EU budget. The EU has not established the same conditions for all member states. The aim of the paper is to assess the influence of agricultural subsidies and the structure of production on the incomes of agricultural holdings and their comparison with the largest producers in the EU with similar production structure. The shift-share analysis is used. Different amount of subsidies according to the type of farming together with increasing subsidy rate may influence the type of farming. Therefore, it may cause a paradox that the structure of subsidies according to the type of farming will stimulate products that are currently suppressed. The difference in subsidies in comparison with the largest producers with a similar structure of agricultural production is significant for the Czech Republic and it is possible to compare it to the increase of the SAPS by 75%.

scholarly journals Human Resources Readiness for Industry 4.0

2019 ◽  
Vol 6 (1) ◽  
pp. 3 ◽  
Author(s):  
Jaroslav Vrchota ◽  
Monika Mařiková ◽  
Petr Řehoř ◽  
Ladislav Rolínek ◽  
Radek Toušek
Keyword(s):  
Czech Republic ◽  
Industry 4.0 ◽  
Computer Skills ◽  
High Tech ◽  
Eastern Region ◽  
The European Union ◽  
The Czech Republic ◽  
Internet Connection ◽  
Catch Up ◽  
The Eu

Industry 4.0 is related to major changes, particularly in production. As such changes might have major implications for the labour market; the paper focuses on the assumptions of the human capital and its preparedness for Industry 4.0 in the Czech Republic. The findings are based on EUROSTAT, MEYS, OECD, ISCED, CZSO, and WEF. Based on such data, twelve indicators were selected and described in the results. Subsequently, the correlation analysis was carried out, using the data of the Czech Republic in order to estimate which indicators are related and thus to obtain a more detailed view of areas that need to be improved. The level of computer skills in the Czech Republic are increasing. Internet connection is around 80%. The share of technical workers in the Czech Republic is in the range of 30–40%. In terms of expenditure on education, the Czech Republic belongs to the countries of the eastern region. The number of graduates of technical professions managed to catch up with the development of the European Union (EU). In terms of employment in High-tech and Medium-high-tech areas, the Czech Republic is one of the leaders in the EU. Czech students have great potential in basic computer skills.

The German Constitutional Court and Preliminary References—Still a Match not Made in Heaven?

2015 ◽  
Vol 16 (6) ◽  
pp. 1491-1508
Author(s):  
Eva Julia Lohse
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Court Of Justice ◽  
European Court ◽  
German Constitutional Court ◽  
In The Beginning ◽  
The Eu

So far, the German Constitutional Court (Bundesverfassungsgericht, henceforth:BVerfG) has only made a single preliminary reference to the (now) Court of Justice of the European Union (CJEU), despite frequent rulings on matters connected with European Union (EU) Law. Its apparent reluctance seemed odd considering the atmosphere of dialogue and cooperation which prevails between the non-constitutional courts and the EU courts. This situation might, however, have changed with the preliminary reference from January 2014, proving predictions on the perceived “most powerful constitutional court” and its relationship to the EU partly wrong. The legal effects of its preliminary reference on the interpretation of Articles 119, 123, 127 ff. of the Treaty on the Functioning of the European Union (TFEU) and the validity of Outright Monetary Transactions (OMT) by the European Central Bank (ECB) under EU Law are as yet unclear; although the Opinion of the Advocate General Cruz Villalón was delivered in the beginning of 2015, which did not confirm the doubts expressed by theBVerfGabout the conformity of the OMT programme with EU law. Nonetheless, the interpretative scheme and the normative questions as to the reluctance of theBVerfGremain the same after this single referral and offer explanations as to why theBVerfGhad for nearly sixty years not referred a question to the former European Court of Justice (ECJ).

14. The European Union

2017 ◽  
Author(s):  
Berthold Rittberger
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Legal Rules ◽  
Constitutional Order ◽  
Constitutional Principle ◽  
Court Of Justice ◽  
European Court ◽  
The Eu

This chapter examines how the European Union acquired distinctive constitution-like features. It begins with a discussion of three routes to constitutionalization: the first is through changes in the EU's primary law; the second focuses on ‘in between’ constitutionalization; and the third leads directly to the European Court of Justice and its jurisprudence. The chapter proceeds by discussing two developments that have shaped the EU constitutional order almost since the beginning: the emergence of a body of EU law constituting a set of higher-order legal rules, and the consolidation of the constitutional principle of representative democracy. It explains how the supremacy and direct effect of EU law, as well as the EU court's concern with the protection of fundamental rights, helped transform the EU into a constitutional polity. It also considers how the extension of the legislative, budgetary, and other powers of the European Parliament animated the constitutional principle.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

scholarly journals IMPACT OF THE COVID-19 PANDEMIC ON YOUTH UNEMPLOYMENT IN THE EUROPEAN UNION

2020 ◽  
Vol 15 (1) ◽  
pp. 55-63
Author(s):  
Maya Lambovska ◽  
Boguslava Sardinha ◽  
Jaroslav Belas, Jr.
Keyword(s):  
Economic Growth ◽  
European Union ◽  
Czech Republic ◽  
Young People ◽  
Unemployment Rate ◽  
Youth Unemployment ◽  
The European Union ◽  
The Czech Republic ◽  
Unemployment Rates ◽  
The Eu

Youth unemployment is a problem in each member country of the European Union (EU). The EU seeks to alleviate this problem by implementing various programs to support young people in finding and keeping a job, thus contributing to economic growth. In 2020, the world was hit by the COVID-19 pandemic. The countries have introduced many strict measures to prevent its spread, but they have caused a significant increase in unemployment, including among young people, and thus harmed economic growth. In this paper, we analyze the unemployment of people under the age of twenty-five in the EU. We also point out how unemployment rates have increased in individual countries. This problem concerns not only countries where the youth unemployment rate had been high already, such as Greece, Spain, and Italy, but also countries with previously lower rates, for example, the Czech Republic, Netherland, Poland, and Slovenia. In the latter group of countries, the youth unemployment rate has doubled in some cases due to anti-pandemic measures. We found that the most affected countries in this regard are the aforementioned Czech Republic, where the unemployment rate at the end of 2020 rose to 2.19 times above the level at the end of 2019, and Estonia, where year-over-year youth unemployment rose by a factor of 2.5. However, unfavorable developments occurred also in Lithuania, Latvia, and Ireland. According to our results, in 2020, youth unemployment increased the least in Hungary, Italy, and Belgium. In general, however, as the situation is now much more urgent, measures to alleviate this problem need to be put in place in each country to help young people find employment and, thus, stimulate economic growth.

scholarly journals The Development of the Health and Social Care Sector in the Regions of the Czech Republic in Comparison with other EU Countries

2019 ◽  
Vol 8 (6) ◽  
pp. 170 ◽  
Author(s):  
Erika Urbánková
Keyword(s):  
Czech Republic ◽  
Healthcare Workers ◽  
Social Care ◽  
Secondary Data ◽  
The European Union ◽  
The Czech Republic ◽  
Health And Social Care ◽  
The Given ◽  
Nurses And Midwives ◽  
The Eu

In this paper, the quantitative status of employees in the Health and Social Care sector in the Czech Republic is assessed, and the future development of the sector is predicted both for the Czech Republic as a whole, and for individual regions according to the NUTS3 classification. At present, labor market prognoses are created using the ROA-CERGE model, which includes the main professions in the Health and Social Care sector. This article expands the predictions by adding the regional level and using extrapolation of time series, and it identifies the regions important for the given sector and the labor force. The position of the Czech Republic with regard to selected professions in comparison with other countries of the European Union, i.e., its qualitative status, is also assessed in the paper. The following professions are assessed: general nurses and midwives (both with and without a specialization), physicians, and professional assistants. Healthcare workers do not manifest geographical mobility between regions and work primarily in the region where they live. Since the Czech Republic’s accession to the EU, staff working in key professions have been able to work under comparable conditions in any of the member states. The workforce flow depends, among other things, on its qualitative representation in the given country. To find groups of European countries with similar characteristics of quantitative coverage in selected professions in the Health and Social Care sector, cluster analysis is used to identify homogeneous clusters of countries, as of 2016. Secondary data was obtained from the Czech Statistical Office (CZSO) and the Information System (ISA+) of the National Institute of Education (NIE).

Accession to International Instruments as an EU Legality Constraint

2021 ◽  
pp. 100-122
Author(s):  
Bruno De Witte
Keyword(s):  
European Union ◽  
International Agreements ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
International Commitments ◽  
International Obligations ◽  
Legal Space ◽  
International Instruments ◽  
The Eu

When the EU becomes a party to an international legal instrument, whether bilateral or multilateral, that international agreement is incorporated automatically in the EU legal order and becomes a legality constraint within that legal order, due to the recognition, by EU law itself, of the precedence of those international commitments over secondary EU law. In the multilevel European legal space, agreements concluded by the EU also become a legality constraint for the Member States of the EU, even if they are not parties to the international instrument themselves. Ensuring compliance with the EU’s international obligations sets in motion the adoption of internal legislation to implement those international obligations or to repeal existing EU law measures that are inconsistent with them; and the Court of Justice of the European Union can review the compliance of EU secondary law (and Member State law) with the EU’s international agreements. However, the Court has self-limited this review power through the development of a doctrine on the limited direct effect of international agreements.

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