In Supporting Role Cast: The EU Charter of Fundamental Rights. Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court Cover Image

In Supporting Role Cast: The EU Charter of Fundamental Rights. Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court
In Supporting Role Cast: The EU Charter of Fundamental Rights. Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court

Author(s): Kamil Baraník, Ondrej Hamuľák
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation, Court case
Published by: Univerzita Palackého v Olomouci
Keywords: Slovak Constitutional Court; EU Charter; application; case-law; supporting role;

Summary/Abstract: The article deals with the Slovak Constitutional Court’s approach to the EU Charter of Fundamental Rights as a potential source of constitutional review. It analyses selected SCC decisions in order to evaluate and generalise the SCC attitude. The main focus is on defining the constitutional status of the EU Charter within the Slovak constitutional order. The up-to-date practice of the Constitutional Court is associated with an inevitable confusion when formally the Charter belongs among the sources of constitutional review, but by applying the doctrine of self-restriction, the SCC uses it only in a subsidiary way or in the form of a soft interpretation instrument to support its reasoning.

  • Issue Year: 8/2021
  • Issue No: 1
  • Page Range: 67-82
  • Page Count: 16
  • Language: English