Publication details

The Constitutional Court and Supreme Court of Czech Republic in 2008/2009 - Selected Decisions on Issues of International Law

Authors

VYHNÁNEK Ladislav POPOVIČOVÁ Lenka

Year of publication 2010
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description This contribution provides the reader with a concise overview of the decisions of the Constitutional Court of the Czech Republic (five decisions) and of the Supreme Court of the Czech Republic (three decisions) that concern international law. The authors managed to collect decisions on the Applicational Primacy of EC Law, on the Publication of International Acts of the State, on the concept of mandatory rules, and on extradition. The decision of the Constitutional Court concerning the Applicational Primacy of EC Law provides the ordinary courts with the solution in cases where certain provisions of the Czech Law conflict with both EC and national constitutional law. The case concerning the publication of international acts sets the (constitutional) conditions for the recognition of domestic effects of international acts. One of the most interesting decisions of the Supreme Court - concerning the concept of mandatory rules - clarifies which provision can be deemed non-derogable in labour contracts.

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