Ústavní rámec zajišťování bezpečnosti České republiky – zhodnocení současného stavu a úvahy de lege ferenda
| Autor: | Jan Kudrna |
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| Rok vydání: | 2017 |
| Předmět: | |
| Zdroj: | AUC IURIDICA. 2017:159-174 |
| ISSN: | 2336-6478 0323-0619 |
| DOI: | 10.14712/23366478.2017.29 |
| Popis: | The presented article is dedicated to the constitutional regulation of the security issues in the Czech Republic. The article focuses especially on the art. 43 of the Czech Republic Constitution. It analyses the applicability of the sections, which were not applied yet, and real appli- cation of the sections, which are applied regularly as well. Firstly the issue of declaring the state of war is described, with the stress on problems which could appear in case of emergency under pressure of lacking time or attack on the Czech Republic. Later there is described the issue of sending armed forces of the Czech Republic abroad, especially with the obligation to the NATO and its VJTF forces. Special attention is given to the constitutional regulation of the flights of foreign armed forces over the territory of the Czech Republic and their authori- sation. This procedure is in fact inapplicable, as is evident from analysis of the practice. The article deals also with a hypothetic issue of establishing foreign military base at the territory of the Czech Republic and its authorisation. In every above mentioned area there is proposed also possible legal solution de lege ferenda. |
| Databáze: | OpenAIRE |
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