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2009 | 92 | 6 | 485-501

Article title

TOPICAL ISSUES OF THE PRIORITY APPLICATION OF THE COMMUNITY LAW IN RELATION TO THE CHARTER OF FUNDAMENTAL RIGHTS AND THE LISBON TREATY (Aktualni otazky prednostni aplikace komunitarniho prava ve vztahu k Listine zakladnich prav a Lisabonske smlouve)


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The author deals with the issues of the supremacy of the Community law from the view of the Czech Republic and the Lisbon Treaty. The question the author tries to answer is: 'Are the concerns about adoption of the Lisbon Treaty and the Charter of Fundamental Rights justified? Can these documents actually lead to the revision of the national legislation?'. To find answer to this question the article first analyzes the principle of supremacy of the Community law and then deals with the issue of the protection of fundamental rights and freedoms in the European Union. The author concludes that the Charter lays down the new standard of the protection of fundamental rights, but this will apply only in relation to activities falling within the competence of the European Union. The revision of national legislation is therefore excluded even after the effective date of the documents mentioned above. The article outlines the present attitude of the Czech Constitutional Court to the principle of supremacy.


  • David Sehnalek, Katedra mezinarodniho a evropskeho prava, Pravnicka fakulta, Masarykova univerzita, Brno, Czech Republic


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Publication order reference


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