THE JUDGMENT OF THE CZECH CONSTITUTIONAL COURT IN THE “SLOVAK PENSIONS” CASE AND ITS POSSIBLE CONSEQUENCES (IN LIGHT OF THE FORTITER IN RE SUAVITER IN MODO PRINCIPLE)

Article Sidebar

PDF
Keywords:
Court of Justice of the European Union, Constitutional Court of the Czech Republic, dissolution of Czechoslovakia, old-age pensions, transnational social security, competences of the European Union Court of Justice, ultra vires decision

Main Article Content

Lenka Pítrová

Abstract

As a consequence of a unique historical fact – the dissolution of Czechoslovakia – the divergencebetween the two social systems of the successor states occurred and caused unequal treatment of those oldagepensioners, previous citizens of the federal state, whose employer had had, by chance, its seat in the territoryof the other successor state. The subsequent decision-making over the pension claims of these citizensresulted in controversial judgments not only at the national but also at the Union level. The article focuseson the recent evolution in European Union Court of Justice case “Landtova” (C-399-09) as reflected in theCzech Constitutional Court’s judgement (Pl. ÚS 5/12) stating that EU law is inapplicable in these cases andtherefore the above mentioned decision of CJEU is ultra vires. In this context the auricle deals with relationshipof national and EU law in light of the principle of conferral, division of powers and cooperation betweenthe national and European Union courts.

Article Details

Issue
Vol. 3 No. 2 (2013): The Lawyer Quarterly
Section
Articles

Copyright and originality of the offered manuscript

1. It is assumed that the manuscript offered has not been previously published. It is expected that the authors will inform the editorial board of TLQ if the entire manuscript, its parts or some relevant results have been previously published in a different publication at the level of an article in a reviewed scientific magazine or monograph. Should the editorial board of TLQ conclude that this condition was not fulfilled the review process may be terminated.

2. It is assumed that the submitted manuscript is an original academic work. If that is not the case the author needs to provide information regarding all circumstances that could raise doubts whether the manuscript is the outcome of original research.

3. By submitting the manuscript the author acknowledges that after the publication in The Lawyer Quarterly her/his work will be made available online to the Internet users and also kept by the Library of the Academy of Sciences of the Czech Republic. Author's rights to further use the work remain unabridged.