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transfer of competences

European Constitutional Law Review (1)

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The Czech Constitutional Court's Second Decision on the Lisbon Treaty of 3 November 2009
The Editors, Jan Komarek
Journal:

European Constitutional Law Review / Volume 5 / Issue 3 / October 2009

Published online by Cambridge University Press:

18 January 2010, pp. 345-352

Print publication:

October 2009
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On 3 November 2009 the Czech Constitutional Court gave its second ruling within a year on the Treaty of Lisbon. The Court squarely rejected the complaints against the Treaty. For scholarship the most interesting characteristic of the ruling is the way the Court distanced itself from the Lissabon-Urteil of the Bundesverfassungsgericht in such unequivocal terms that the judgment's central passages deserve a place in this issue, even though we only dispose of a provisional translation by Jan Komárek and cannot make comments available yet. As it did in the previous judgment on the Lisbon Treaty of 28 November 2008, the Czech Court again belies the established idea that eastern European constitutional courts take the Bundesverfassungsgericht as their guide.