About the project:
Project title
Position and scope of application of the Charter of Fundamental Rights of the EU in the case law of the constitutional courts of Poland and the Czech Republic
Project managers
Prof. Monika Florczak-Wątor (Polish team)
Prof. Ondrej Hamuľák (Czech team)
Abstract
The position and scope of application of the EU Charter of Fundamental Rights in the case law of the constitutional courts of Poland and the Czech Republic The research project aims to determine the position of the EU Charter of Fundamental Rights in the system of Polish and Czech sources of law and its application in the jurisprudence of the constitutional courts of Poland and the Czech Republic as well as its significance for the process of developing standards of protection of constitutional rights of an individual. The main problems related to the application of the Charter as a patern of control in the constitutional review procedure and as a point of reference for reconstructing by the constitutional court the normative content of constitutional principles will be identified. The research will cover the jurisprudence of constitutional courts of both countries from the first decade of the application of the Charter (years 2009-2019). It will also reconstruct the views and recommendations of the Court of Justice of the EU concerning the scope of application of the Charter in the EU Member States, as well as the degree of incorporation of these recommendations in the jurisprudence of the Polish and Czech Constitutional Court.
Contactors
Václav Stehlik, Monika Kawczyńska, Helena Bončkova, Katarzyna Kos
Source of funding
National Agency for Academic Exchange (Bilateral Exchange); Ministerstvo školství, mládeže a tělovýchovy České republiky
Funding amount
17.840,00 PLN