Působnost Listiny základních práv EU v kontextu judikatury Ústavního soudu ČR

Abstract

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.