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The aim of the following article is to fi nd whether the European Court of Justice has reacted in its recent rulings to the growing reluctance of many Europeans and their political representations towards quasi-automatic rights of migrating of European Union citizens to move to another Member State and enjoy there the benefi ts of social policy on equal footing with this country´s nationals. The result of the referendum held in the United Kingdom on 23 June 2016 regarding the UK's membership in the EU demonstrates the importance of the issue in question. The authors analyse recent case law of the European Court of Justice in comparison with its earlier case law regarding the access of Union citizens to social assistance and the status of third country nationals as family members of European Union citizens. The authors have come to the conclusion that so far, the European Court of Justice tightened the interpretation of the European Union law in force in the area of welfare tourists' rights unlike in the case of economically active migrants. First, Martinez-Sala, Grzelczyk, Bidar, Trojani and other judgments are mentioned to remind the previous approach of the European Court of Justice, based on the principle of broad solidarity between Member States.

The scope of application of the Charter of Fundamental Rights of the EU in the context of the case-law of the Constitutional Court of the Czech Republic The paper focuses on the issue of the limited scope of application of the Charter of Fundamental Rights of the EU in the case-law of the Constitutional Court of the Czech Republic. This issue is new for the national courts since the Convention for the Protection of Human Rights and Fundamental Freedoms as well as other international human rights instruments are not limited in this respect. First, the author analyses certain aspects of the case-law of the Court of Justice of the EU relating to the Article 51 (1) of the Charter and points out the inconsistency of the case-law of the EU Court of Justice. Consequently, she analyses decisions of the Constitutional Court from the perspective of how the court takes account of the limited scope of application of the Charter. The Constitutional Court does not always apply the Charter in line with its Article 51 (1). Nevertheless, from material point of view rights of individuals are probably not affected.

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