IMPLEMENTATION OF THEHE EU LAW IN THE CZECH REPUBLIC: A COMPARATIVE PERSPECTIVE.
German Policy Studies › Vol. 2 Nbr. 1, January 2002
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German Policy Studies › Vol. 2 Nbr. 1, January 2002
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European Union
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IMPLEMENTATION OF THEHE EU LAW IN THE CZECH REPUBLIC: A COMPARATIVE PERSPECTIVE.
Abstract
This article deals with selected constitutional law aspects of the European integration. First, the variants of relation between acquis communautaire and the national legal orders of several Western and Central European countries are analyzed. The author takes notice that there is no need for a special form of integration; however, he argues that such a solution would be more suitable. The sense of the integration legal provision is in the confirmation by the member states that they create the power of the unified communities. The legislative acts of this power intervene in the national legal orders of the member states, and are superior to the national law. This article also deals with the European integration models: the functional, the substantive and the procedural. The article concludes that it is possible to expect, in the case of the Czech Republic, an inclination towards the functional model. The process of European integration represents an interdisciplinary issue, because the phenomenon of the European Union itself can be observed from various points of view: economic; social; national security; political; political science; and, constitutional. The European Union does not only represent a way of ensuring and providing the free movement of persons, services, and capital among the particular contractual parties at the moment; at the same time, the European Constitution, the federalization of the European Union, etc. are also being discussed (e.g. the Charter of Fundamental Rights was recently passed). Therefore, it is important to analyze the possible interactions between the European law and the national laws. While the international law syste...See the full content of this document
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