Tag: Czech Republic
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Arthur Dyevre: The Czech Ultra Vires Revolution: Isolated Accident or Omen of Judicial Armageddon?
On the face of things, the CCC’s judgment, by declaring an EU act, namely a ruling of the Court of Justice, ultra vires, constitutes a momentous and unprecedented display of judicial defiance. To my knowledge, no domestic court has ever taken this step before in a final judgment on the merits; and certainly not in…
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Jan Komarek: Playing With Matches: The Czech Constitutional Court’s Ultra Vires Revolution
When the Czech Constitutional Court (CCC) declared the CJEU’s judgment in C-399/09 Landtová “ultra vires”, one of my colleagues commented: “giving Solange into their hands was like to let children play with matches”. I am afraid it is the adequate description of the decision, which is difficult to explain in legal terms and which in…