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.
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AUC IURIDICA, Vol 62 No 2 (2016), 41–48
K mantinelům přezkumu ústavnosti transpozičních předpisů
[On the Limits of Constitutional Review of Transposition Acts]
Richard Král
published online: 11. 07. 2016
abstract
This contribution deals with the limits of constitutional review of national acts transposing EU directives. It analyses the limits primarily in the Czech constitutional context. However, it also mentions some parallels and distinctions in the approach to these limits in other EU Member States. In this respect, it is pointed out that the Czech approach shows quite significant similarities to the German and French approaches. It is specified in the analysis that the Czech approach distinguishes between constitutional review of the form and the content of national transposition acts. While the constitutional review of the form of transposition acts is not subject to any limitations, this is not the case for the constitutional review of the content of such acts. When it comes to the latter constitutional review, only the content of Czech transposition acts which is not necessitated by the EU directives concerned is subject to full, unrestricted constitutional review. On the other hand, the content of Czech transposition acts which is necessitated by the EU directives concerned is subject to very limited constitutional review. Namely, to constitutional review merely from the point of view of compatibility with the ‘material core’ of the Czech Constitution (the material core is equivalent to ‘constitutional identity’ in the German and French approaches to constitutional review). It is, however, underscored that the Czech Constitutional Court should exercise the utmost restraint and prudence when it considers annulment of a Czech transposition act with necessitated content for its incompatibility with the material core of the Czech Constitution. In this respect, it is suggested that any such annulment should necessarily be preceded by the Czech Constitutional Court’s employment of the preliminary ruling procedure regarding validity or interpretation of the directive concerned before the Court of Justice of the EU.
keywords: Constitutional Court of the Czech Republic; Court of Justice of the EU; constitutional review; transposition acts; transposition act with necessitated content; transposition act with unnecessitated content; ultra vires control; control of constitutional identity; constitutional material core Ústavní soud ČR; Soudní dvůr EU; přezkum ústavnosti; transpoziční předpisy; obsahově vynucený transpoziční předpis; obsahově nevynucený transpoziční předpis; ultra vires kontrola; kontrola ústavní identity; materiální jádro ústavy
K mantinelům přezkumu ústavnosti transpozičních předpisů is licensed under a Creative Commons Attribution 4.0 International License.
230 x 157 mm
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ISSN: 0323-0619
E-ISSN: 2336-6478
