Meze ústavní autonomie v evropském víceúrovňovém svazku
The Limits of Constitutional Autonomy in the European Multilevel Community

Summary/Abstract: The law-making autonomies of the national and supranational levels are – within the plural European constitutional environment – mutually competing. To neutralize some desructive by-effects of this competition for the application of Union law requires from judicial authorities of each party a self-restraint behaviour, including the reflexion of externalities of its own desicions. The integration authorizations in national constitutions should have to be interpreted in this light, too. Any objections of constitutional courts, refering to unavoidable „material core“ of the respective constitutional order, should be, first, preceded by making the Court of Justice EU aware of them through preliminary ruling, giving it the opportunity to specify or modify its case law. No unilateral approach will be feasible. Otherwise the European constitutiomal dialog („Verfassungsgerichtsverbund“), a common instrumentality guaranteeing the cohesion of the whole system in a politically turbulent developments, could not function properly.

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