The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic - Acta Universitatis Sapientiae

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Volume 14, No. 2, 2025
The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic
David SEHNÁLEK

Acta Univ. Sapientiae, Legal Studies, 14, 2 (2025) 209–228

DOI: 10.47745/AUSLEG.2025.14.2.08

Abstract. This article examines the issue of the rule of law in the Czech Republic in the context of European law. It analyses of Czech constitutional law and its relationship to the European Union (EU) concept of the rule of law, focusing on relevant constitutional provisions and the case-law of the Constitutional Court. The study also examines EU mechanisms for protecting the rule of law, including the Rule of Law Review Cycle and EU Justice Scoreboard and their application to the Czech Republic. The article further assesses the findings of the European Semester in relation to rule of law issues. It concludes that while the Czech Republic does not currently face a systemic problem with the rule of law, it is deficient in its constitutional regulation of the relationship between the Czech and EU conceptions of this principle. The study identifies key problems, including the Czech judiciary’s passive approach to EU rule of law standards, the absence of explicit constitutional rules for resolving conflicts between Czech and European law, and shortcomings in the functioning of public administration. Although no fundamental problems require EU intervention, the article highlights the need for deeper scholarly reflection and analysis in the Czech academic discourse.

Keywords: rule of law, Czech Republic, constitutional law, European Union, Constitutional Court, Rule of Law Review Cycle, EU Justice Scoreboard, European Semester, EU law, rule of law in the EU

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Volume 14, No. 2, 2025
Rule of Law: Supranationalization from the Perspective of Slovakia, Lilla GARAYOVÁ Protecting Children against Digital Harm – Novelties and Challenges of the Romanian Regulatory Framework, Zsolt KOKOLY Poland’s Experience in the Face of the Rule of Law Dispute: From 2015 to 2024, Artur KOTOWSKI ‘The Expropriation of the Expropriators’: Soviet- Type Nationalization as Social Engineering in Selected East-Central European States, Bence Zsolt KOVÁCS Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries. The Case of Hungary, Péter KRUZSLICZ Rule of Law: Supranationalization from the Perspective of Bulgaria, Deyana MARCHEVA Re-evaluated or Just Old-New? The Fundamental Social Rights Dimension of the Right to Work under Article 15 CFREU and in the Case-Law of the CJEU, Zsófia PAPP The Experience of Certain Central European Countries with the Rule of Law Procedures. The Case of the Czech Republic, David SEHNÁLEK Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries (Ukraine), Stanislav SHEVCHUK The Rule of Law: Supranationalization. The Case of Serbia, Bojan TUBIC Legal Challenges of Hybrid Warfare: Accountability of Mercenaries and Private Military Companies, Csongor Balázs VERESS Rule of Law: Supranationalization from the Perspective of Central and Eastern European Countries – Montenegro1, Nebojša VUČINIĆ, Sanja GRBOVIĆ Front pages in PDF, Inside covers in PDF,
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