Marek Antoš
Author’s affiliation: Faculty of Law, Charles University

Electronic Registration of Sales, Smoking Ban, Economic Rights, and Nuclear Buttons

Jurisprudence 3/2019 Section: Articles Page: 1–5

Keywords: social and economic rights, right to engage in enterprise, judicial review of constitutionality

Abstract: The article briefly introduces two important decisions of the Czech Constitutional Court concerning the judicial review of the limitation of economic rights: i.e. findings on the electronic registration of sales and on the ban on smoking in catering facilities. Based on an analysis of these findings and the minority opinions attached to them, it formulates four questions, which it further comments on. 1. Should the rationality test used in social rights cases be also applied on restrictions of economic rights? 2. What test or tests should be used if a particular regulation affects not only a social or economic right but also a fundamental right? 3. What questions should be considered in the second (necessity) and third (proportionality) step of the proportionality test? 4. Can any regulation of handling a thing be considered a restriction of the constitutionally guaranteed right to property, with the consequence that the requirements of the proportionality test apply?