Publication details

Evropeizace ústavního práva v České republice (vybrané problémy)

Title in English Europeanisation of constitutional law in the Czech Republic (selected problems)
Authors

FILIP Jan

Year of publication 2009
Type Article in Periodical
Magazine / Source časopis pro právní vědu a praxi
MU Faculty or unit

Faculty of Law

Citation
Web http://www.law.muni.cz/dokumenty/7569
Field Law sciences
Keywords notion of europeanisation in and in jurisprudence; constitutional order; distribution of powers; political system; fundamental rights; parliament; executive; judicative; promulgation of law; Constitutional court and europeanisation
Description That notion of europeanisation originally meant taking over typical European ways of conduct and regulation of social relationships following the unique experience of the common base of values by countries outside Europe itself. At present, it is a specific phenomenon usually spoken about in connection with integration processes taking place on the European continent within the framework of the EU. It is confusing because in the area of public law, democracy, law-abiding state and human rights there was a historical role of the Council of Europe. The author deals with such problems of Europeanisation as: 1) the relationship between the municipal and international law, 2) the problem of separation of powers, 3) Europeanisation and some institutes of direct and representative democracy, 4) accessory citizenship of the EU and the new constitutional status of citizens, 6) the so-called democratic deficit of the EU, 7) the Czech courts and the most important decisions of the Czech Constitutional Court concerning the Czech membership in the EU and the Council of Europe.
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