Does the Czech Constitution need a new EU Amendment Bill? Cover Image

Does the Czech Constitution need a new EU Amendment Bill?
Does the Czech Constitution need a new EU Amendment Bill?

Author(s): Jiří Georgiev
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Univerzita Palackého v Olomouci
Keywords: sovereignty; constitution; Constitutional Court; European Union; Lisbon Treaty;

Summary/Abstract: Even under circumstances when no changes to Founding Treaties have occurred, adaptation of national constitutional provisions make sense. Not only amendments to organic laws like Constitutional Court Act or Standing Rules of both parliamentary chambers evolving from practice, but the system of delegation of powers involved in the Czech Constitution can be amended after the recent principal judgements of Constitutional Court relating to the European Union have been delivered. On one hand, the supremacy of the Czech Constitution - as the Polish Constitution (article 8/1) already acknowledges - could be confirmed in this way, and the existing (but still not formally upheld) practice of formal requirements for the future changes of Founding Treaties according to the article 10a of the Czech Constitution should be constitutionally corroborated too.

  • Issue Year: 2/2015
  • Issue No: 1
  • Page Range: 51-69
  • Page Count: 19
  • Language: English
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