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

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.

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

• Original language: English
• Type of outcome: Article in a journal
• Field of Study: 50501 Law
• Country of publisher: Austria
• Confidentiality degree: is not subject to a state or trade secret
• WWW: 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
• Tags: rivok
• Tags: International impact, Reviewed

Abstract

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.