EU law and the Czech Republic's position in the European Union
Sources and principles
EU law consists of primary law (the Treaty on European Union, the Treaty on the Functioning of the European Union, the Charter of Fundamental Rights), secondary law (regulations, directives, decisions) and general principles. Regulations are directly applicable; directives bind member states as to the result and require transposition. The principles of supremacy, direct effect, proportionality and subsidiarity govern the relationship between EU and national law.
Czech position
The Czech Republic joined the EU on 1 May 2004. It has 21 members of the European Parliament, held the Council presidency in 2022 and is in Schengen. It has not adopted the euro and is in derogation. Article 10a of the Constitution allows transfer of certain powers to the EU. EU law is part of the Czech legal order and prevails over conflicting statute; the Constitutional Court reviews only the constitutional limits. The Czech Republic transposes directives mainly by statutes and government regulations; the Ministry of Foreign Affairs coordinates infringement cases.
Judicial protection
Czech courts may refer questions to the Court of Justice of the EU under Article 267 TFEU. The Commission may bring infringement proceedings against the Czech Republic for non-implementation. The Charter applies when a member state implements EU law.
Worked example
A Czech court hears a case where a national statute conflicts with an EU regulation. Reasoning: the regulation is directly applicable and has supremacy. The court must set aside the conflicting statute and apply the regulation. If the meaning is unclear, the court may (and a court of last instance must) refer the question to the CJEU.
Traps
Do not say directives are directly applicable in the same way as regulations. Do not confuse the EU Charter with the Czech Charter or the ECHR. Do not assume EU law overrides the constitutional identity of the Czech Republic; the Constitutional Court has reserved a review of ultra vires acts. Do not forget the difference between a regulation and a directive when answering questions about implementation.