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In Supporting Role Cast: The EU Charter of Fundamental Rights: Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court

Author

Listed:
  • Baraník Kamil

    (Associate Professor of Constitutional Law at the Department of Constitutional Law and Legal Theory at the University of Matej Bel Faculty of Law.)

  • Hamuľák Ondrej

    (Senior Lecturer at the Faculty of Law, Palacký University Olomouc (Czech Republic) and Adjunct Professor in EU Strategic Legal Affairs, TelTech Law School (Estonia).)

Abstract

The article deals with the Slovak Constitutional Court’s approach to the EU Charter of Fundamental Rights as a potential source of constitutional review. It analyses selected SCC decisions in order to evaluate and generalise the SCC attitude. The main focus is on defining the constitutional status of the EU Charter within the Slovak constitutional order. The up-to-date practice of the Constitutional Court is associated with an inevitable confusion when formally the Charter belongs among the sources of constitutional review, but by applying the doctrine of self-restriction, the SCC uses it only in a subsidiary way or in the form of a soft interpretation instrument to support its reasoning.

Suggested Citation

  • Baraník Kamil & Hamuľák Ondrej, 2021. "In Supporting Role Cast: The EU Charter of Fundamental Rights: Reflection of the EU Charter in the Adjudication of Slovak Constitutional Court," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 8(1), pages 67-82, December.
    • Handle: RePEc:vrs:eurstu:v:8:y:2021:i:1:p:67-82:n:7
    DOI: 10.2478/eustu-2022-0065
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