Listina základních práv Evropské unie jako okolí ústavního pořádku České republiky
Charter of Fundamental Rights of the European Union in the Environs of the Czech Constitutional Order

Summary/Abstract: The article discusses the question of the role of Charter of Fundamental Rights of the European Union within the deliberations and decisions of the Constitutional Court of the Czech Republic. It responds to the question whether the Charter in terms of Constitutional Court judgment Pl. US 36/01 should be understood as part of the constitutional order of the Czech Republic. The author rejects inclusion of the Charter into this national normative system. However he points that the Charter may be used by the Constitutional Court in three forms: (1) as a supporting argument, (2) as an inspiration when interpreting the norms of the constitutional order, and (3) as a separate source of constitutional review which lies outside constitutional order. Charter is therefore considered as „environs“ of the constitutional order of the Czech Republic.

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