Implementace směrnic Evropské unie v právním řádu České republiky

The Europe Agreement establishing an association between the European Communities and their member states, and the Czech Republic stipulates to ensure successive approximation of the Czech national – existing and future – legislation to that of the Community. It differs structurally from the Agreement on European Economic Area providing priority of the EEA-law to the national laws of its participants, who are not EC members. This autonomous process of making the Czech relevant legislation compatible with the Community one doesn’t challenge the Czech Constitution yet. Following the opinion of the European Commission, the analogous consideration of the implementation principles – developed for Member States by stare decisis of the European Court of Justice – by the countries endeavouring to join the EU is desirable (i.e., no literally identical adoption, but implementation corresponding with the goal pursued by the Directive; a generally binding national act; the effective access of individuals to their rights; a mere change of practice of the national public authorities wouldn’t be enough; the form, level of administration, instrumentality of adequate procedures and supervisory competencies and implementation techniques are governed exclusively by the national order; etc.). This way, an easier adoption of (remaining, but still enormous) “acquis communautaires” at the eve of the accession to the European Union could be supported. In addition, any fundamental changes in the Czech Constitution might be executed, aimed at, a. o., authorization of the Czech constitutional bodies to transfer some sovereign powers of State to the EU; provision of constitutional guarantees of supremacy, direct applicability and effect of new Community law in the Czech Republic; imposition of the duty on the Czech constitutional bodies to cooperate ex ante in the law-making process within the EU authorities; adjustment of derogation practice when adopting new national legal rules incl. general priority clauses as contained in some existing acts; supplementing the Czech system of judical protection of the rights of individuals by a reference to the preliminary ruling procedure under Art. 177 EC Treaty; guaranteeing the enforcement of Community decisions in Czech Republic (by analogy with the Act on Private International Law); imposition of state liability principle in the case of a “legislative disorder” (like non-implementation of a Directive); adjustment to the practice of promulgation of national laws vis-a-vis that of the Community.