Czech Republic and the Czech Exemption from the Charter of Fundamental Rights of the European Union

In the CCHRD analysis Helena Bončková and Hubert Smekal prove that recently negotiated "exemption" from the Charter of Fundamental Rights of the European Union doesn't have to affect the cases from which it should protect us according to the negotiators. More precisely, the problem, on which this exemption allegedly reacts, most probably doesn't exist at all.

The argumentation is backed up by the legal analysis of the Protocol No 30 concerning the Charter's implementation in Poland and in the United Kingdom. It deals with the debate about the exemption that has been ongoing in these countries, it brings short excursion into decision making process of the European Court for Human Rights and into assesment of after-Lisbon judicature of the European Court of Justice. In the context of our claim of the character of the exemption all negative effetcs which accompanied the Czech way towards the exemption are being pointed out. The alternatives for future developments are also being discussed, as due to the character of the Czech exemption it is unsure whether it will become legally binding. The analysis is available here.