The Eternity Clause in the Czech Constitution as Limit to
European Integration. Much Ado about Nothing?

J 2015

The Eternity Clause in the Czech Constitution as Limit to European Integration. Much Ado about Nothing?

VYHNÁNEK, Ladislav

Basic information

Original name

The Eternity Clause in the Czech Constitution as Limit to European Integration. Much Ado about Nothing?

Authors

VYHNÁNEK, Ladislav (203 Czech Republic, guarantor, belonging to the institution)

Edition

Vienna Journal on International Constitutional Law, Wien, Verlag Österreich, 2015, 2306-3734

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Austria

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

Web časopisu

RIV identification code

RIV/00216224:14220/15:00082464

Organization unit

Faculty of Law

UT WoS

000366096900004

Keywords in English

Czech Republic Constitutional Court Eternity Clause European Union

Abstract

V originále

The article raises one principle question: Does the Czech Eternity Clause pose a possible threat to a further integration of the European Union? In a concise introductory part, the article analyses the concept of the Eternity Clause of the Czech Constitution from both the substantive and procedural point of view. Afterwards, the article goes on to evaluate whether certain aspects of the Eternity Clause (as interpreted by the Czech Constitutional Court) might indeed create practical problems for the EU. The opinion of the author is that the 'danger' is quite negligible. This is mostly due to the fact that the Czech Constitutional Court generally (with an exception that is not to be overestimated) adheres to euro-friendly interpretation and it has even interpreted the Eternity Clause itself (especially concepts like democracy or sovereignty) with respect to the logic and nature of European integration. The euro-friendliness of the Czech Constitutional Court is further complemented by the respect that the EU law pays to national (especially constitutional) identity of the member states.

Citovat

VYHNÁNEK, Ladislav. The Eternity Clause in the Czech Constitution as Limit to European Integration. Much Ado about Nothing? Vienna Journal on International Constitutional Law. Wien: Verlag Österreich, 2015, vol. 9, No 2, p. 240-252. ISSN 2306-3734.

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   author = {Vyhnánek, Ladislav},
   article_location = {Wien},
   article_number = {2},
   keywords = {Czech Republic Constitutional Court Eternity Clause European Union},
   language = {eng},
   issn = {2306-3734},
   journal = {Vienna Journal on International Constitutional Law},
   title = {The Eternity Clause in the Czech Constitution as Limit to European Integration. Much Ado about Nothing?},
   url = {https://www.icl-journal.com/},
   volume = {9},
   year = {2015}
}

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JF  - Vienna Journal on International Constitutional Law
VL  - 9
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SP  - 240-252
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PB  - Verlag Österreich
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KW  - Czech Republic Constitutional Court Eternity Clause European Union
UR  - https://www.icl-journal.com/
L2  - https://www.icl-journal.com/
N2  - The article raises one principle question: Does the Czech Eternity Clause pose a possible threat to a further integration of the European Union? In a concise introductory part, the article analyses the concept of the Eternity Clause of the Czech Constitution from both the substantive and procedural point of view. Afterwards, the article goes on to evaluate whether certain aspects of the Eternity Clause (as interpreted by the Czech Constitutional Court) might indeed create practical problems for the EU. The opinion of the author is that the 'danger' is quite negligible. This is mostly due to the fact that the Czech Constitutional Court generally (with an exception that is not to be overestimated) adheres to euro-friendly interpretation and it has even interpreted the Eternity Clause itself (especially concepts like democracy or sovereignty) with respect to the logic and nature of European integration. The euro-friendliness of the Czech Constitutional Court is further complemented by the respect that the EU law pays to national (especially constitutional) identity of the member states.
ER  -

VYHNÁNEK, Ladislav. The Eternity Clause in the Czech Constitution as Limit to European Integration. Much Ado about Nothing? \textit{Vienna Journal on International Constitutional Law}. Wien: Verlag Österreich, 2015, vol.~9, No~2, p.~240-252. ISSN~2306-3734.

Detailed Information on Publication Record