AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal 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).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica 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.

AUC IURIDICA, Vol 59 No 4 (2013), 33–57

Příprava, vznik a problémy spojené s euronovelou Ústavy ČR

Petr Mlsna

published online: 29. 01. 2015

abstract

Preparation, Formation and Problems Associated with the Euro-Amendment of the Constitution of the Czech Republic This article is dedicated to the problems of preparation and formation of the amendment of the Constitution of the Czech Republic No. 395/2001 Sb. (Coll.), which is branded a “euro-amendment” of the Constitution of the CR. Essence of this amendment of the Constitution of the CR was comprehensive embedding and position of international treaties in the Czech legal system. One particular category of international treaties on human rights and fundamental freedoms was abolished and new unified conditions were created, by meeting of which an international treaty becomes a part of the legal system with application priority before a law. Main focus of this article are the problems of international treaties on integration by the article 10a of the Constitution of the CR, through the power of which some of the authority of the bodies of the CR are transferred to an international organization or institution. International treaties on integration are very difficult to classify. The key question is, when the transfer of authority to an international organization occurs and whether a constitution maker is able to identify this moment at all. The problem of interpretation of international treaties by the article 10a of the Constitution of the CR consists of a question whether, during their ratification, one should follow a purely formal procedure in accordance with the principle of procedural equivalence, or whether one should judge each particular international treaty, albeit mostly only on purely hypothetical level, to find out whether it constitutes a transfer of authority or a change of conditions for execution of authority, which the Czech Republic already has transferred to an international organization. The article also presents a comparative overview on what way the international treaties on integration are adopted in individual member states of the European Union. As an addition, this article also deals with the ruling of the Constitutional Court No. 403/2002 Sb. (Coll.), by which the Constitutional court extended interpretation of constitutional order on international treaties on human rights and fundamental freedom. The Constitutional Court has been using this category of international treaties as a reference criterion for judgement on constitutionality of laws and legal provisions till present. More detailed analysis of international treaties on integration also raises issue of definition of sovereignty of a modern state and its changes within integrating Europe. On the margins, this article also brings judicature of the Constitutional Court regarding position and judgement on the Lisbon treaty.

keywords: International treaties by the article No. 10a of the Constitution of the Czech Republic; international treaties on human rights and fundamental freedoms; European Union; classification of international treaties according to the Constitution of the Czech Republic; formation and preparation of the amendment of the Constitution No. 395/2001 Sb. (Coll.) mezinárodní smlouvy podle čl. 10a Ústavy ČR; mezinárodní smlouvy o lidských právech a základních svobodách; Evropská unie; klasifikace mezinárodních smluv podle Ústavy ČR; vznik a příprava novely Ústavy č. 395/2001 Sb

Creative Commons License
Příprava, vznik a problémy spojené s euronovelou Ústavy ČR 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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