Richard Král
Author’s affiliation: Faculty of Law, Charles University in Prague

Is the EU law obligation to EU law consistent interpretation also a constitutional obligation?

Jurisprudence 4/2016 Section: Articles Page: 15-20

Keywords: EU law consistent interpretation, constitutional obligation, Constitutional Court of the Czech Republic

Abstract: The article deals with the issue of whether the European Union law obligation to EU law consistent interpretation of national laws also represents a Czech constitutional obligation. This issue has been implicitly raised by the problematic finding of the Czech Constitutional Court awarded on 16/7/2015 in the Generali Pojišťovna case under ÚS 1996/13. In the context of a critical analysis of the finding, the article presents that the EU law obligation should be considered as an constitutionally conformant EU law obligation (approbated by Art. 1(2) and 10a(1) of the Constitution), which is not part of the Czech Constitutional order.