Senátní návrh na zahájení řízení a nález k Lisabonské smlouvě: Procesní aspekty.
| Title in English | Senate Proposal for Instituting the Proceeding and Finding on Lisbon Treaty: Procedural Aspects |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | Lisabonská smlouva a ústavní pořádek ČR |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Lisbon treaty; Senate proposal; extend of preventive review; problems of proper formulation of proposal; problems of extend and formulation of the judgement of the Constitutional Court; structure a formulation of the judgement; euroconform interpretation |
| Description | The article analyses the structure and the content of the judgement of the Constitutional Court of the Czech Republic concerning a review of constitutionality of the Treaty of Lisbon. The Constitutional Court did not assess those parts of the Lisbon Treaty (comprising also dozens of protocols and declarations of a general and special nature) which do not concern the Czech Republic. In this connection, the general principle needs to be stated that where a member state gives a free hand to the future European Court of Justice to modify or even create new law, then the question needs to be asked whether it makes sense to engage in an abstract dispute over something that will obtain its specific shape only in its judicial decisions on thousands of pages of complicated texts of primary law. |
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