Czech constitutional change to the European Union. Background and belongs to a European arrest warrant Cover Image

Česká ústavní úprava vztahu k Evropské unii. Podklady a nález k evropskému zatýkacímu rozkazu
Czech constitutional change to the European Union. Background and belongs to a European arrest warrant

Author(s): Ulrich Hufeld
Subject(s): Constitutional Law, Criminal Law, EU-Legislation
Published by: Masarykova univerzita nakladatelství
Keywords: European Union; constitutional court; sovereignty; concept of nationality; arrest warrant; Czechia;

Summary/Abstract: The European arrest warrant caused constitutional problems in several member states of the EU because it confronts supranational integration with the traditional concept of state sovereignty in a special way. This essay shows how the Czech Constitutional Court solved this problem and managed to find a reliable balance between open statehood and the protection of the national constitutional identity. The Czech way of a “careful harmonization” is compared to the solutions of other EU member states and analyzed for its significance in the fields of the tension between the transfer of sovereignty and the preservation of sovereignty as well as of the future concept of nationality in Europe. In the end, the author states that Brno has brought the questions mentioned to a solution that is both appropriate at the present stage and fit for future challenges.

  • Issue Year: 16/2008
  • Issue No: 4
  • Page Range: 316-323
  • Page Count: 8
  • Language: Czech
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