European Union as a Complex Constitutional Systém Cover Image

Evropská unie jako komplexní ústavní systém
European Union as a Complex Constitutional Systém

Author(s): Ondrej Hamuľák
Subject(s): Law, Constitution, Jurisprudence
Published by: Právnická fakulta Univerzity Palackého v Olomouci
Keywords: European Union; Supranational Constitutional System; Compexity

Summary/Abstract: Aim of this paper is to present an internally structured system of the European Union and to introduce elements that form the foundation of its constitutional character. The constitutionality of the European Union is based on the supranational method, which principally allowed the establishment of a comprehensive system of supranational constitutionality. It is the first element of the constitutionality of the Union. Success of supranational method was reflected in the development of integration which leads to deeper political union. This process can be seen as another important element of the establishment of a comprehensive EU constitutionalism. The third element is an autonomous legal order of the Union with its specific characteristics. The last element of the comprehensive constitutionality of the European Union is represented by the system of human rights protection, ie setting of the basic rules of functioning of the social structure that allows us to understand the EU as a legal community, the equivalent of the state besed on the rule of law.

  • Issue Year: 7/2012
  • Issue No: 2
  • Page Range: 7-33
  • Page Count: 27
  • Language: Czech