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Questioning the Recent Challenge of the Czech Constitutional Court to the ECJ

Questioning the Recent Challenge of the Czech Constitutional Court to the ECJ Richard KRÁL* 1 INTRODUCTION The Constitutional Court of the Czech Republic (CCCR) in its recent judgment concerning the so-called Slovak pensions1 refused to comply with the European Court of Justice (ECJ) judgment in the Landtová case.2 The ECJ in this judgment established that the relevant line of case law of CCCR concerning the so-called Slovak pensions constitutes discrimination3 which is prohibited under the combined provisions of Articles 3(1) and 10 of Regulation 1408/71.4 However, the CCCR notwithstanding the Landtová case decided to stick to its previous case law concerning the so-called Slovak pensions and unprecedently challenged the judgment of the ECJ via the invocation of the ultra vires doctrine. The article questions the reasons and justifications for this challenge. Even though it is concluded that invocation of the ultra vires doctrine by the CCCR with respect to ECJ judgment in the Landtová case can be considered for several reasons as unfortunate and lacking incontestable justification it is also pointed out that this invocation has been to a certain extent caused by the insensitive approach of the ECJ to CCCR and its relevant case law. It is submitted that both ECJ and CCCR when dealing with the Landtová case http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Questioning the Recent Challenge of the Czech Constitutional Court to the ECJ

European Public Law , Volume 19 (2) – Jun 1, 2013

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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
1354-3725
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Abstract

Richard KRÁL* 1 INTRODUCTION The Constitutional Court of the Czech Republic (CCCR) in its recent judgment concerning the so-called Slovak pensions1 refused to comply with the European Court of Justice (ECJ) judgment in the Landtová case.2 The ECJ in this judgment established that the relevant line of case law of CCCR concerning the so-called Slovak pensions constitutes discrimination3 which is prohibited under the combined provisions of Articles 3(1) and 10 of Regulation 1408/71.4 However, the CCCR notwithstanding the Landtová case decided to stick to its previous case law concerning the so-called Slovak pensions and unprecedently challenged the judgment of the ECJ via the invocation of the ultra vires doctrine. The article questions the reasons and justifications for this challenge. Even though it is concluded that invocation of the ultra vires doctrine by the CCCR with respect to ECJ judgment in the Landtová case can be considered for several reasons as unfortunate and lacking incontestable justification it is also pointed out that this invocation has been to a certain extent caused by the insensitive approach of the ECJ to CCCR and its relevant case law. It is submitted that both ECJ and CCCR when dealing with the Landtová case

Journal

European Public LawKluwer Law International

Published: Jun 1, 2013

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