Listina základních práv EU jako měřítko pro vnitrostátní legislativu?

Abstract

The Charter of Fundamental Rights of the EU as a yardstick for national legislation? The article discusses the possibilities and modes of utilizing the Charter of Fundamental Rights of the EU as a human rights yardstick against which national legislation may be measured, especially in the Czech Republic. It considers the formal and material features of the Charter and comes to a conclusion that because of the close link between the Charter and the rest of EU law, the assessment whether national legislation complies with the Charter is best made as a part of the assessment of the legislation's compatibility with EU law in general. Used separately as a source of human rights, the Charter has little new to offer in comparison with the national and international sources.