Publication details
Praktické problémy spojené s předností práva EU v judikatuře českých soudů
| Title in English | Practical Problems Associated with the Supremacy of EU Law in the Jurisprudence of Czech Courts” |
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| Authors | |
| Year of publication | 2024 |
| Type | Chapter of a book |
| MU Faculty or unit | |
| Citation | |
| Description | This chapter addresses the practical problems associated with the supremacy of EU law in the jurisprudence of Czech courts. The author analyzes how Czech courts apply this principle. Despite the principle being well-known, there are still unexplored areas and persistent legal issues associated with it. The chapter distinguishes between a narrow and a broad conception of the principle of supremacy. In the narrow sense, it is a procedural principle concerning only the bodies applying the law, while in the broad sense, it encompasses the superiority of EU law over national law and also affects the bodies that create the law. The author identifies the consequences of the supremacy of EU law for various public authorities in the Member States and examines the practical implications for the Constitutional Court and general Czech courts. Furthermore, the text deals with conflicts between national and EU law, which may arise from formal or material reasons, and analyzes how these conflicts affect the decision-making of Czech courts. The author also discusses the role of the Constitutional Court in enforcing the principle of supremacy and its relationship with Czech constitutional law. The principle of the supremacy of EU law requires national courts to ensure the full effect of EU law, even at the cost of not applying national law that is in conflict with EU law. However, this requirement may conflict with certain provisions of the Czech Constitution, creating tension between EU and national law. The author examines how the Constitutional Court addresses this tension and the implications of its decisions for the application of EU law in the Czech Republic. In conclusion, the paper emphasizes that the supremacy of EU law is closely related to other principles of EU law application and that it is important for Czech courts and legislative bodies to respect these principles in their activities. As the chapter demonstrates, there are currently problems with correct application of EU law, even at the level of the Constitutional Court. As a result, EU law is often being overused and incorrectly applied, even in cases where it is not required by this law and its principles. |