Czech constitutional change to the European Union. Background and belongs to a European arrest warrant

Vol.16,No.4(2008)

Abstract
The European arrest warrant caused constitutional problems in several member states of the EU because it confronts supranational integration with the traditional concept of state sovereignty in a special way. This essay shows how the Czech Constitutional Court solved this problem and managed to find a reliable balance between open statehood and the protection of the national constitutional identity. The Czech way of a “careful harmonization” is compared to the solutions of other EU member states and analyzed for its significance in the fields of the tension between the transfer of sovereignty and the preservation of sovereignty as well as of the future concept of nationality in Europe. In the end, the author states that Brno has brought the questions mentioned to a solution that is both appropriate at the present stage and fit for future challenges.

Pages:
316–323
Author biography

Ulrich Hufeld

Andrássy University, Budapest

profesor státního a evropského práva
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