Czech Republic and Slovakia: Another International Human Rights Treaty?
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|The following study represents a double country report, analysing jointly the Czech Republic and Slovakia.In this chapter, we ask how and why Slovak and Czech domestic courts apply the Charter. We search for rationales behind the domestic courts seeing the application of the Charter as useful or necessary, and ask to what extent they refer to the applicability criteria of the Charter as developed by the Court of Justice of the European Union. Therefore, we start by describing the constitutional status of the Charter in both legal orders. Next, we introduce our empirical analysis and present the results concerning the application of the Charter by both Czech and Slovak apex courts (the constitutional courts and the supreme courts of both countries and the Nejvyšší správní soud České republiky (Supreme Administrative Court of the Czech Republic, hereinafter NSS), which is a body without an analogous counterpart in Slovakia).