Constitutional Identity in the Czech Republic

Kosař, David; Vyhnánek, Ladislav

doi:10.1017/9781108616256.005

Cited by 17 publications

(6 citation statements)

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“…DC of June 10, 2004 See nevertheless a very recent and very shy attempt. See successive judgments December 21, 1993, May 29, 1997, February 6, 2001, June 25, 2002, September 10, 2009, see Kozar and Vyhnanek (2019) 91 in particular.…”

Section: Progressivementioning

confidence: 99%

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The constitutional identity of the member states: False evidence or constitutive element of a new architecture of the Union?

Delcamp¹

2022

HJLS

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The notion of ‘identity’ once seemed perfectly obvious and applied mainly to individuals. A spectacular evolution of the notion could have been considered in recent years. In the social sciences where it was associated with the notion of group but, after having invaded the public debate, it has now reached the law domain. It now appears in the debates and even the decisions of the constitutional courts of the member states of the European Union. This is a general movement which is part of a climate in which, to varying degrees, there is expressed dissatisfaction with regard to the operation of the institutions of the Union and, more particularly, their mode of creation of law, as soon as it benefits from the principle of primacy affirmed by the Treaties.The purpose of this article is to gather and evaluate the information available through the various case law and comments, in order to better clarify the notion of constitutional identity and assess its effectiveness. The concept remains contested, and its use has not yet resulted in significant consequences, but its study is an opportunity to suggest improvements in the dialogue between the constitutional courts and the Court of Justice of the European Union; to also ask whether the notion of ‘constitutional identity’ could not be a valuable tool in redefining the relationship between the Union and the Nations that compose it.

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Section: Progressivementioning

confidence: 99%

“…See our contribution to the preparatory reunion of the meeting on 2020, November,13: 'Constitutional reception of European institutions in France and Hungary'.29See on very recent developments: Successive judgments December21, 1993, May 29, 1997, February 6, 2001, June 25, 2002, September 10, 2009, seeKozar and Vyhnanek (2019) 91 in particular.…”

mentioning

confidence: 99%

The constitutional identity of the member states: False evidence or constitutive element of a new architecture of the Union?

Delcamp¹

2022

HJLS

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“…We base our research on the belief that it is impossible to build a democratic society without a proper constitutional protection mechanism. In the substantive sense, a constitutional complaint is considered by scholars (Kosař and Vyhnánek, 2020) as a direct appeal of a private law entity to a constitutional review body with a requirement to verify the constitutionality of a legal act. According to Halmai (2018), a private law entity can be an individual and a legal entity.…”

Section: Literature Reviewmentioning

confidence: 99%

The role of the constitutional complaint in the legislative process: Comparative legal aspect

Brovko

Медвідь²,

Mahnovskyi

et al. 2021

Cuest. Pol.

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The article deals with the role of constitutional complaint in the system of quality assurance of the state legislation, for protection of the rights and freedoms. Constitutional complaints, as well as their optimal models, require detailed research. Comparative analysis and survey are the main methods. The subject of a constitutional complaint in the model proposed by the authors may be laws or their individual provisions, regulations of heads of state, government, other statutes and regulations, individual administrative acts, judgements in specific cases. Citizens, foreigners, stateless persons, and legal entities are subjects who have the right to file a constitutional complaint. The authors attribute the following conditions of admissibility of a constitutional complaint: the presence and proof of violation of his/its constitutional rights and freedoms, the use of all other remedies to protect violated rights and freedoms, compliance with deadlines for filing a constitutional complaint in some countries, and payment of state duty. The model proposed by the authors is, however, universal, and further needs to be detailed for countries of interest.

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“…According to them, the latter makes it possible to overcome the idea of absolute primacy of EU law and to permit to domestic constitutional courts to invoke, under certain limited circumstances, constitutional limits to the primacy of EU law. 9 Rosenfeld points out in this regard that it is necessary to differentiate modern constitutional identity from national identity, however, two communities -national and constitutional -are different, although they may overlap and their base may be exactly the same or at least closely linked. Constitutional identity is therefore according to him constructed vis-à-vis national identity, it is, however, consistent with it and has to be continuously in a dynamic tension with national as well as other identities.…”

Section: National Identity and Constitutional Identity And Practical mentioning

confidence: 99%

“…They also mention a so called popular constitutional identity which -in contrast to the legal constitutional identity which is based almost exclusively on the text of the Czech Constitution -goes beyond the constitutional text and is built around formative historical events in Czech as well as Czechoslovak history that are more understandable by the people than the abstract constitutional text. The popular constitutional identity comprises according to Kosař 34 This understanding of the constitutional identity is mentioned in relation to the decision of the Czech Constitutional Court Pl. ÚS 5/12 regarding Slovak pensions.…”

Section: Czech Republicmentioning

confidence: 99%

National and Constitutional Identity in the Case-Law of Constitutional Courts of the Visegrad Group

Miháliková¹

2020

STUDIA IURIDICA Cassoviensia

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After the inclusion of the EUʹs obligation to respect national identities of its Member States into the primary law of the European Union, the notion of national identity has become an object of the interest of constitutional courts of EU Member States. They have, at the same time, started to use the notion of constitutional identity with regard to the European integration in their case-law. The object of this article is to analyse the case-law of the constitutional courts of the Visegrad group regarding the notions of national identity and constitutional identity and to analyse the means of using these concepts in their case-law, in particular with regard to the use of the concept of national identity within the meaning of the Article 4 (2) of the Treaty on European Union in the case-law of the Court of Justice of the European Union. ABSTRAKT Po tom, čo bola v primárnom práve Európskej únie ustanovená povinnosť Únie rešpektovať národné identity jej členských štátov, sa stal pojem národná identita čoraz častejším objektom pozornosti ústavných súdov členských štátov Únie. Súčasne sa v judikatúre týchto súdov začal v súvislosti s európskou integráciou používať pojem ústavná identita, mnohokrát spájaný práve s národnou identitou. Cieľom tohto článku je priblížiť judikatúru ústavných súdov štátov Vyšehradskej skupiny zaoberajúcu sa pojmami národná identita a ústavná identita a zhodnotiť spôsob, akým sú tieto koncepty v ich judikatúre využívané, a to predovšetkým s ohľadom na využitie konceptu národnej identity v zmysle článku 4 ods. 2 Zmluvy o Európskej únii v judikatúre Súdneho dvora Európskej únie. 8 Article 6(3) TEU in the wording of the Amsterdam Treaty stated: "The Union shall respect the national identities of its Member States." 9

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Constitutional Identity in the Czech Republic

Cited by 17 publications

References 0 publications

The constitutional identity of the member states: False evidence or constitutive element of a new architecture of the Union?

The constitutional identity of the member states: False evidence or constitutive element of a new architecture of the Union?

The role of the constitutional complaint in the legislative process: Comparative legal aspect

National and Constitutional Identity in the Case-Law of Constitutional Courts of the Visegrad Group

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