<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The article deals with the Slovak Constitutional Court’s approach to the EU Charter of Fundamental Rights as a potential source of constitutional review. It analyses selected SCC decisions in order to evaluate and generalise the SCC attitude. The main focus is on defining the constitutional status of the EU Charter within the Slovak constitutional order. The up-to-date practice of the Constitutional Court is associated with an inevitable confusion when formally the Charter belongs among the sources of constitutional review, but by applying the doctrine of self-restriction, the SCC uses it only in a subsidiary way or in the form of a soft interpretation instrument to support its reasoning.</p>
</abstract>

The article deals with the Slovak Constitutional Court’s approach to the EU Charter of Fundamental Rights as a potential source of constitutional review. It analyses selected SCC decisions in order to evaluate and generalise the SCC attitude. The main focus is on defining the constitutional status of the EU Charter within the Slovak constitutional order. The up-to-date practice of the Constitutional Court is associated with an inevitable confusion when formally the Charter belongs among the sources of constitutional review, but by applying the doctrine of self-restriction, the SCC uses it only in a subsidiary way or in the form of a soft interpretation instrument to support its reasoning.

In Supporting Role Cast: The EU Charter of Fundamental Rights

Associate Professor of Constitutional Law at the Department of Constitutional Law and Legal Theory at the University of Matej Bel Faculty of Law

European Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court

The article deals with the Slovak Constitutional Court’s approach to the EU Charter of Fundamental Rights as a potential source of constitutional review. It...

In Supporting Role Cast: The EU Charter of Fundamental Rights

Publié en ligne: 19 avr. 2023

Pages: 67 - 82

DOI: https://doi.org/10.2478/eustu-2022-0065

Mots clés
Slovak Constitutional Court, EU Charter, application, case-law, supporting role

© 2021 Kamil Baraník et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

In Supporting Role Cast: The EU Charter of Fundamental Rights

Publié en ligne: 19 avr. 2023

Pages: 67 - 82

DOI: https://doi.org/10.2478/eustu-2022-0065

Mots clésSlovak Constitutional Court, EU Charter, application, case-law, supporting role

© 2021 Kamil Baraník et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Slovak Constitutional Court, EU Charter, application, case-law, supporting role