European Union law
Sources and principles
EU law is part of the Czech legal order following accession in 2004. Primary law includes the TEU, TFEU and the Charter of Fundamental Rights; secondary law includes regulations, directives and decisions. Regulations are directly applicable; directives bind member states as to result. The principles of primacy (Costa v ENEL), direct effect (Van Gend en Loos), sincere cooperation (Art. 4(3) TEU) and effective judicial protection shape the exam.
Direct effect and state liability
Directives may have vertical direct effect after the transposition deadline if the provision is clear, precise and unconditional; they do not generally impose obligations on private parties. National law must be interpreted in conformity with EU law (Marleasing). Where that is impossible, the state may be liable for damage caused by breach (Francovich). Regulations are directly applicable and can be invoked horizontally.
Preliminary references
Under Art. 267 TFEU, any national court may refer a question on interpretation or validity; a court of last instance must refer unless the answer is clear (acte clair) or already settled (acte éclairé). The reference suspends national proceedings. The Court of Justice’s ruling binds the referring court.
Freedoms and competition
The four freedoms-goods, persons, services and capital-prohibit discriminatory and unjustified restrictions. Dassonville and Cassis de Dijon define the goods analysis; proportionality is central. Competition law prohibits anti-competitive agreements, abuse of dominance and state aid.
Worked example
A Czech consumer buys goods from a German seller and relies on a directive that Czech law has not implemented. The directive is clear and unconditional, but the seller is private. Direct effect cannot be invoked horizontally. The Czech court must first interpret national law conformably; if impossible, the consumer may claim state liability. The analysis distinguishes vertical and horizontal effect and the remedy.
Traps
Claiming horizontal direct effect of directives; forgetting the transposition deadline; missing the obligation of last-instance courts to refer; and ignoring the Charter’s scope when implementing EU law.