Přístup Ústavního soudu ČR k Listině základních práv EU - recentní vývoj

This year marks 15 years since the Charter of Fundamental Rights of the EU became a legally binding part of EU primary law. The EU Charter is binding on both EU institutions and Member States when they are implementing EU law. In terms of compliance with the EU Charter at the national level, the Constitutional Courts play an important role in monitoring compliance with human rights instruments by public authorities within concrete or abstract review of constitutionality. This is also the case in the Czech Republic, where the Constitutional Court of the Czech Republic is called upon to protect constitutionality under Article 83 et seq. of the Czech Constitution. Within the abstract review of constitutionality, it decides on the repeal of laws or their individual provisions if they are contrary to the constitutional order (Article 87(1)(a) of the Czech Constitution) or on the repeal of other legal regulations or their individual provisions if they are contrary to the constitutional order or the law (Article 87(1)(b) of the Czech Constitution). Within the concrete review of constitutionality, the Constitutional Court decides on constitutional complaints against final decisions and other interference of the Constitution. The approach of the Constitutional Court of the Czech Republic as the highest judicial body protecting human rights to the EU Charter is therefore particularly significant. In the past, the Constitutional Court has defined the position of the EU Charter in the Czech legal order as part of the frame of reference for constitutional review, but not part of the constitutional order. The paper focuses on the question whether the Constitutional Court has maintained its position as formulated in its earlier decisions or whether there have been certain shifts in its case-law. Attention is also paid to the consistency of the application of the EU Charter by the Czech Constitutional Court.