K formulaci evropských klauzulí v ústavním právu
To the Setting of European Clauses in the Czech Constitutional Law

Summary/Abstract: Although the Czech Republic was not a Member State, EU/EC law was not foreign to its order but rather relevant for its decision-making. The basic prerequisite for accession was represented not only by amendments to the existing or the adoption of entirely new legal regulations, but primarily by amendments to constitutional rules and, after accession to the EU on May 1, 2004, a fundamental change in the functioning of the Czech Republic as a state. The author concentrates only on the following basic constitutional aspects of these changes such as the determination of the relationship of national laws (particularly constitutional law) to EU law (the supremacy clause), the determination of the rule to be used in addressing a variance of national laws with EU law (the collision clause) and the determination of the manner in which EU law will affect national laws (the incorporation clause). He analyses the manner in which are these clauses formulated in the judicature of the Czech Constitutional Court.

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