<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The paper analyses the use of the preliminary ruling procedure by the Czech Constitutional Court and the attitude of this court towards the EU law. The approach of the Constitutional Court to the judicial dialog is also compared with some other European constitutional courts mainly with those who have a similar role in national judiciary or with those who were able to effectively take an advantage of the preliminary ruling procedure. The paper demonstrates that the Czech Constitutional Court took the position that seems to be unsustainable from a long time perspective as the reality of the current development favours the spirit of cooperation among European highest courts.</p></abstract>

The paper analyses the use of the preliminary ruling procedure by the Czech Constitutional Court and the attitude of this court towards the EU law. The approach of the Constitutional Court to the judicial dialog is also compared with some other European constitutional courts mainly with those who have a similar role in national judiciary or with those who were able to effectively take an advantage of the preliminary ruling procedure. The paper demonstrates that the Czech Constitutional Court took the position that seems to be unsustainable from a long time perspective as the reality of the current development favours the spirit of cooperation among European highest courts.

European “Judicial Monologue” of the Czech Constitutional Court – a Critical Review of its approach to the Preliminary Ruling Procedure

International and Comparative Law Review

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

The paper analyses the use of the preliminary ruling procedure by the Czech Constitutional Court and the attitude of this court towards the EU law. The...

European “Judicial Monologue” of the Czech Constitutional Court – a Critical Review of its approach to the Preliminary Ruling Procedure

Publié en ligne: 07 févr. 2020

Pages: 181 - 199

DOI: https://doi.org/10.2478/iclr-2019-0020

Mots clés
Czech courts, Czech Constitutional Court, Court of Justice of the European Union, preliminary ruling procedure, judicial dialog, European constitutionalism

© 2019 David Sehnálek et al., published by Sciendo

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

European “Judicial Monologue” of the Czech Constitutional Court – a Critical Review of its approach to the Preliminary Ruling Procedure

Publié en ligne: 07 févr. 2020

Pages: 181 - 199

DOI: https://doi.org/10.2478/iclr-2019-0020

Mots clésCzech courts, Czech Constitutional Court, Court of Justice of the European Union, preliminary ruling procedure, judicial dialog, European constitutionalism

© 2019 David Sehnálek et al., published by Sciendo

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

Mots clés
Czech courts, Czech Constitutional Court, Court of Justice of the European Union, preliminary ruling procedure, judicial dialog, European constitutionalism