Evropská ústavní smlouva a suverenita v trestních věcech
The European constitutional agreement and the sovereignty in criminal matters

Summary/Abstract: The draft European Constitutional Treaty establishes the legal personality of the Union as a whole, including the area of the current II. and III. pillars. At the same time, it explicitly enshrines the precedence of European law over national law. The area of cooperation in criminal matters within the area of freedom, security and justice belongs, according to the regulation of Article 13 (2) of the European Constitutional Treaty, to the so-called shared competences. Criminal law and the right to punish are derived from sovereignty over a certain territory. The power to punish applies to the prosecution and trial of crimes committed in the territory of a sovereign, ie within its borders. Such a sovereign is traditionally the state.

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