Ústava a právo Evropské unie - Co je víc? – Koudelka Zdeněk (2025)

The book deals with the relationship between the constitution and the law of the European Union. In the event of a conflict, it presents arguments for the primacy of the constitution, provided that the member states are sovereign states. The constitution is the highest and fundamental legal source of the state. In the case of a clash between the values contained in the constitution of a member state of the European Union and the law of the European Union, the conflict must be resolved according to the general relationship between the constitutional law of the member state and the law of the European Union. The Constitution of the Czech Republic establishes the primacy of ratified international treaties over laws. However, this primacy does not apply to constitutional laws. The opposing theory of the primacy of EU law over the entire legal order of the member state, including its constitution, is based on the case law of the Court of Justice of the European Union, but it has no support in international treaties on the European Union.

The question of the primacy of a specific legal order is linked to the question of sovereignty. If a member state does not lose its sovereignty by joining the European Union, it holds that no other entity's law, including that of the European Union, can be superior to its highest legal norms – the constitution. If we prioritize EU law over the constitutions of its member states without the consent of those member states, the member state loses its sovereignty by joining the European Union.…