The Legal Status of the Charter of Fundamental Rights within the Member States: The Short Story of the Czech Objection to the Charter

Abstract

The article deals with the protection of fundamental rights in the Czech Republic after the adoption of the Charter of fundamental rights of the EU. The first introductory part provides a brief characteristic of the Charter. The second part of the paper presents specific rules governing its application, paying special attention to explanations and general provisions contained in the Charter. The third part attempts to track down the reasons, which forced certain member states to adopt a Protocol on the Application of the Charter and concentrates primarily on the decision-making practice of the Court of Justice of the EU. The fourth part outlines the attitude of the Czech Republic towards the Charter and describes the unusual political negotiation avoiding the scope of the Treaties, to which Czech political representation resorted after having missed the opportunity to join already adopted Protocol on the Application. The fifth part reports on the unexpected shift in the approach of Czech political representation to the Charter and is concerned with the withdrawal from advancing its objection. The last part concludes with the actual legal nature of the Protocol and possible consequences flowing from its adoption by the Czech Republic.

Keywords: European Union, Charter of Fundamental Rights of the European Union, Protocol on the Application of the Charter of Fundamental Rights of the European Union to Poland and to the United Kingdom, protection of fundamental rights, judiciary