Aktuální otázky přednostní aplikace komunitárního práva ve vztahu k Listine základních práv a Lisabonské smlouvě
| Title in English | Topical issues of the priority application of the Community law in relation to the Charter of Fundamental Rights and the Lisbon Treaty |
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| Authors | |
| Year of publication | 2009 |
| Type | Article in Periodical |
| Magazine / Source | Právny obzor |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Supremacy; Lisbon treaty; Charter of Fundamental Rights; |
| Description | Author deals with some issues of supremacy from the viewpoint of the Czech Republic and the Lisbon Treaty. The question on which the author is trying to find an answer is: is really necessary to be afraid of the Lisbon treaty and the Charter of fundamental rights? Do really these two documents can cause the annulment of some pieces of the national legislation? In order to find an answer the question of supremacy is analyzed and then the issue of fundamental rights protection in the EU. The author finds out that the Charter is a new standard of protection however it is limited solely to the activities of the EU. The revision of the national legislation falling outside the scope of the EU is therefore not possible. The actual approach of the Czech Constitutional Court is also mentioned in the article. |