Publication details
Suverenita a svrchovanost České republiky a členství v mezinárodních organizacích – postavení české a zahraniční legislativy v českém právním řádu
| Title in English | The Credibility and Sovereignty of the Czech Republic and Membership in International Organizations – The Position of Czech and Foreign Legislation in Czech Legal Order |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Proceedings |
| Conference | Ústavní pořádek jako opora státnosti a suverenity |
| MU Faculty or unit | |
| Citation | |
| web | https://www.ssszs.cz/ustavni-poradek-jako-opora-statnosti-a-suverenity/ |
| Keywords | Constitution; constitutional order; sovereignty; treaty; international organisation; law; ratification; dualism; monism; European Union law; independence; |
| Description | According to Article 1 of the Constitution, the Czech Republic is a sovereign state. The Constitution allows the transfer of certain powers of the state to an international organization or institution. No, this does not mean that this transmission is boundless. Membership in international organizations and institutions that does not require the transfer, transfer or sharing of state powers will not weaken the sovereignty of the Czech Republic. The Sovereignty and Sovereignty of the Czech Republic and Membership in International Organizations The decision-making practice of the Constitutional Court of the Czech Republic, as the protector of sovereignty, indicates that in the case of a supranational community, which is the European Union, special attention and caution must be exercised. The development of the Constitutional Court's decision-making practice has led to a ban on transferring these powers to an extent that would disrupt the material focus of the Constitution. It allows some powers to be shared (within the European Union), but not granted. However, in view of the real historical development, it seems that the European Union, or rather its institutions and some Member States, are striving to more than just shared competence. If this process continues, it cannot be ruled out that such a change would also affect the material focus of the Constitution, and thus the essence of the sovereignty of the Czech Republic. The European Union is not a Federation, a Member State is not in the power of its institutions, the European Union is in the power of each Member State, i.e. all Member States are the European Union. The loss of sovereignty of the Member States would therefore be in fundamental contradiction to the principles on which the European Union is built. |