The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic
The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic

Summary/Abstract: This article examines the issue of the rule of law in the Czech Republic in the context of European law. It analyses of Czech constitutional law and its relationship to the European Union (EU) concept of the rule of law, focusing on relevant constitutional provisions and the case-law of the Constitutional Court. The study also examines EU mechanisms for protecting the rule of law, including the Rule of Law Review Cycle and EU Justice Scoreboard and their application to the Czech Republic. The article further assesses the findings of the European Semester in relation to rule of law issues. It concludes that while the Czech Republic does not currently face a systemic problem with the rule of law, it is deficient in its constitutional regulation of the relationship between the Czech and EU conceptions of this principle. The study identifies key problems, including the Czech judiciary’s passive approach to EU rule of law standards, the absence of explicit constitutional rules for resolving conflicts between Czech and European law, and shortcomings in the functioning of public administration. Although no fundamental problems require EU intervention, the article highlights the need for deeper scholarly reflection and analysis in the Czech academic discourse.

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