Publication details
Nález Ústavního soudu k Lisabonské smlouvě z pohledu ústavního práva
| Title in English | The Judgement of the Czech Constitutional Court to the Lisbon Treaty in terms of constitutional law |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní praxi |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Lisbon treaty; extend of preventive review; problems of proper formulation of proposal; problems of extend and formulation of the judgement of the Constitutional Court |
| Description | The article analyses the judgement of the Constitutional Court of the Czech Republic concerning a review of constitutionality of the Treaty of Lisbon. Since it is the first case of application of the respective provisions of the Constitutional Court Act the main attention is paid to the procedural issues of this kind of proceeding such as formulation of the proposal of the Senate, the nature of the proceeding, extend of the review (the review only on those provisions of the Lisbon Treaty whose consistency with the constitutional order the petitioner expressly contested hence if it assessed the constitutionality of the entire treaty, it could constitute a barrier rei iudicatae for other potential petitioners. The author analyses the styling of the judgement and its structuring. The attention is always paid to the key notion of material (substantial) core of the constitutional order and to a Euroconforming interpretation of the constitutional provisions. |
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