Potřebuje Ústava České republiky další euronovelu?
Does the Czech Constitution Need a New EU-Amendment?

Summary/Abstract: Not the rare changes in the EU primary law after the ratification of the Lisbon Treaty, but the crystallizing doctrine of the Czech Constitutional Court could introduce the decisive incentive for a new EUamendment of the Czech Constitution. Certainly, several relating issues can be dealt with possible amendments to organic laws in the Czech legal order. E.g. an amendment to the Constitutional Court Act could precise the conditions of proceedings on the conformity with constitutional acts of international treaties under articles 10a and 49 of the Constitution at the Constitutional Court. Moreover, accompanying new provisions of Standing Rules of both parliamentary chambers could address those self-amending (dynamic) clauses of the Lisbon Treaty that still need strengthened parliamentary control. This amendment to the Standing Rules should enable an evaluation of transfer of powers given by the ratification of the Lisbon Treaty in a time when a concrete secondary draft act is proposed under the primary law authorisation. Furthermore, the existing judgments of Constitutional Court provide guidelines that should be reflected and simultaneously make the legislator decide on issues relating to the sovereignty of the state, hierarchy of legal provisions and the definition of some basic conditions of delegation of powers. Therefore, the constitutional provisions should be amended in such a way that would confirm the supremacy of the Czech Constitution as the Polish constitutional provision (article 8/1) already does on one hand, and - at the same time – state that not only transfers of powers by international treaties but the future changes of these treaties are subject to the ratification according to the article 10a of the Czech Constitution. This formal approach would enable to avoid any disputes relating to the notion of delegation of powers and provide an overwhelming support for integration process at the level of parliamentary representation.

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