Přezkum smlouvy podle čl. 10a a suverenita České republiky
Judicial Review of International Treaties Under Article 10a and Sovereignty of Czech Republic

Summary/Abstract: This article deals with system of examination of international treaties by Czech Constitutional Court (CC) and mainly with examination of international treaties transferring powers of Czech Republic to the international body (treaties under Article 10a of Czech Constitution). The competence of CC to review international obligations of Czech Republic was introduced by constitutional novel in 2001 as preparation to forthcoming EU membership of Czech Republic and globalization of our world. The form of the review raised several basic questions immediately (and especially after the so-called “Lisbon” decision concerning Treaty of Lisbon). For example the very definition of international treaties under Article 10a of the Czech Constitution, the scope of the review and of course the question of content of the review, of the sovereignty of Czech Republic. The article is divided into several parts which examine procedural and material problems relating to the question. It seems to the author, that CC has modern and well prepared view on the notion of sovereignty, nevertheless on the other side; its approach to procedural question relating to this issue is controversial and proofless.

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