Publication details
Povinnost Ústavního soudu ČR obracet se s předběžnými otázkami na Soudní dvůr EU (ve světle rozsudku Nejvyššího soudu ČR, sp. zn. 30 Cdo 3378/2018)
| Title in English | Obligation of the Constitutional Court of the Czech Republic to make preliminary references to the CJEU (in the context of the judgment of the Supreme Court of the Czech Republic, File No. 30 Cdo 3378/2018) |
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| Authors | |
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| Web | |
| Keywords | preliminary reference; obligation to make a preliminary reference; article 267 (3) TFEU; Czech Constitutional Court; Court of Justice of the European Union; Czech Supreme Court; case law of the Czech Supreme Court; 30 Cdo 3378/2018; |
| Attached files | |
| Description | The aim of this paper is to critically reflect a recent judgment of the Supreme Court of the Czech Republic of 26. June 2019, File No. 30 Cdo 3378/2018, according to which the Constitutional Court of the Czech Republic is not obliged to make preliminary references to the CJEU. It particularly discusses possible reasons for this conclusion in both constitutional and EU law perspective and subsequently assesses the persuasiveness and consistency of the reasoning of the Supreme Court. Accordingly, it argues that the reasons put forward by the Supreme Court are not sufficiently convincing. Finally, the paper considers whether the persuasiveness of the reasoning could be improved and how the issue in question can be dealt with in the future. Since it seems difficult to put forward sufficiently strong arguments for the conclusion that the Constitutional Court is never obliged to make preliminary references, this paper argues that it may be obliged to do so. Moreover, the Constitutional Court should reach this conclusion itself. As a result, the obligations of the Czech Republic arising from the EU law would be respected, while the authority of the Constitutional Court would remain unaffected. |