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Journal of Private International Law
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Before the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established for transfer of competencies to an external entity, all framed by the explicitly formulated constitutional principle of loyalty to the international obligations of the Czech Republic. However, the ‘European amendment’ of the Czech Constitution has left several important issues unanswered, such as the principle of supremacy of the EU law or relations between the Czech Constitutional Court and the Court of Justice of the EU. This article analyses how the Czech Constitutional Court tackled with EU-related constitutional issues that emerged during the first decade of Czech membership in the EU. Focused on four key cases decided by the Czech Constitutional Court (sugar quotas, European Arrest Warrant, .
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The rule of law principle is an essential basis of European administrative law as an interpretative concept of the exercise of public powers in the EU and its member states. It is a broad principle encompassing substantial number of sub-principles impacting both the legislator and also the administrative bodies. The later ones must act only within their powers and only for proper purposes. Administrative bodies are subject to control as to whether their acts are in conformity with the applicable laws as the prerequisite for the rule of law proper operation is a system of independent judiciary review. The paper focuses mainly on the principle of legality and proportionality as the key elements of rule of law and their interpretation by the Czech administrative courts. Relevant case law is analysed and compared to the interpretation provided by the Court of Justice of the EU and the European Court of Human Rights. The paper summarizes how the recent developments on the European level .
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The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic's membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values ('Solange' concept) even in connection with the duty of EU-consistent interpretation.
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The Lawyer Quarterly
The paper aims to examine the law applicable to companies in cross-border relations, under the viewpoint of the Czech, Chinese and European private international law (PIL). Attention is focused on common and different backgrounds of PIL in Czechia and China, with special regards to incorporation principle and real seat principle as enshrined in PIL legislation of both countries. Particular role is played by the EU law and the CJEU case law, as well as by the Draft Rules on the Law Applicable to Companies and Other Bodies (Rome V). Given the existing political circumstances, the adoption of the Draft of the Rome V Regulation is not quite realistic. However, it is apparent that the discussion will continue; in the author’s opinion, the general trend of supporting cross-border mobility of companies evolves towards gradual promotion of the incorporation principle, with some necessary modifications.
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