AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database Scopus. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite Scopus database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 43 No 1 (1997), 73–78

Otázka klauzulí o přednostní aplikaci mezinárodních smluv

[The Issue of Clauses on the Preferential Application of International Treaties]

Monika Pauknerová

DOI: https://doi.org/10.14712/23366478.2025.243
published online: 31. 03. 2020

abstract

The issue of the relationship between Czech law and international treaties and their application within the framework of Czech law is not resolved by provisions under Art. 10 of the Constitution of the Czech Republic. Art. 10 explicitly defines only ratified and declared international treaties on human rights and fundamental freedoms. The Constitution remains silent in the cases of international treaties dealing with other subject-matters. The Constitution does not contain a general provision on the relationship between international and national law. Therefore, we should consider individua! provisions of various statutes, containing so-called clauses on the preferential application of international treaties, to provide the necessary legal basis; e.g. a provision such as “the law herein shall apply unless the international treaty binding the Czech Republic states otherwise.” Such clauses have brought many problems and the author gives examples of some of them to illustrate the Jack of general conceptual solutions She deals with differences in the wording of the clauses on preferential application of international treaties. Some of them require the international treaty in question to be published in the Collection of Laws; some do not. There have been cases, however, where the publication of international treaties was delayed or the treaties were not published at all. The author also contemplates a case where such a clause on the preferential application of a treaty does not exist, particularly in relation to the application of the European Agreement on the Association of the Czech Republic to the European Communities.

Creative Commons License
Otázka klauzulí o přednostní aplikaci mezinárodních smluv is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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