Charter of Fundamental Rights of the European Union and the Legal Order of the Czech Republic

19 Pages Posted: 21 Apr 2015

See all articles by Miloš Kulda

Miloš Kulda

Charles University in Prague - Faculty of Law

Date Written: April 1, 2015

Abstract

Drafting and subsequent integration of the Charter of Fundamental Rights of the European Union into the primary law of the EU meant a significant step in the field of human rights protection within Union law as it granted the Charter the same legal value as the Treaty on EU and the Treaty on the Functioning of the EU.

The article mainly focuses on a rather specific issue concerning the legal status of the Charter on the national level, particularly within the legal order of the Czech Republic, as unlike other international human rights catalogues the Charter is primarily addressed to the institutions of the European Union and member states are obliged to enforce its provisions only when applying Union law. Regarding this, the article argues that the gateway for the application of the Charter within the legal order of the Czech Republic is enshrined directly in the Constitution of the Czech Republic, in its Articles 10 and 10a. However, it also argues that the essential role plays the Constitutional Court of the Czech Republic as its case-law is embedded as a force which significantly shaped the domestic legal status of the Charter, in terms of the applicability and its limits.

Keywords: Charter of Fundamental Rights of the European Union, Human rights, Constitution of the Czech Republic, Constitutional Court of the Czech Republic, Conditional conferral of powers

Suggested Citation

Kulda, Miloš, Charter of Fundamental Rights of the European Union and the Legal Order of the Czech Republic (April 1, 2015). Charles University in Prague Faculty of Law Research Paper No. 2015/I/2, Available at SSRN: https://ssrn.com/abstract=2596764 or http://dx.doi.org/10.2139/ssrn.2596764

Miloš Kulda (Contact Author)

Charles University in Prague - Faculty of Law ( email )

Nam. Curieovych 7
Praha, 11640
Czech Republic

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