Filip Křepelka, Masarykova univerzita (krepelka@law.muni.cz)

   Course: Law of the European Union

   [11] Accession and membership of the Czech Republic

   The milestones on the way of the Czech Republic to the European Union

   Socialist Czechoslovakia: Justification of no relations – non-compliance of the integration in
   the ECs with international law (nonsens). Since 1985 modest attempts to establish some
   economic cooperation with ECs (other socialist countries went further: Poland, Hungary etc.)

   1989 – „Velvet revolution“, vast majority of population wanted to return to „Europe“

   1990 – Czechoslovakia member of the Council of Europe, interim economic agreement with ECs 

   1991 – Czechoslovakia concluded the European Agreement on Association

   1992 – Breakdown of Czechoslovakia

   1993 – Czechia became new independent unitary republic

   Czechia and Slovakia new members of the Council of Europe

   Newly negotiated association agreements with ECs (non-agricultural free trade area with ECs
   and obligation to approximate Czech law to EC standards: partial transposition of directives
   and regulation) 

   Czech-Slovak customs union (and other bilateral treaties establishing closer relationship)

   Central European Free Trade Area 

   1996 – Czechia applied for EU/EC membership according to EU Treaty provisions 

   1998 – Invitation to further negotiations (together with other four states, however without
   Slovakia!)

   1999 – Czechia became member of NATO 

   2000 – Slovakia and several other states invited to negotiations

   2002 – negotiations  culminated (30 chapters preliminary closed)

   2003 – the Treaty of Accession signed in Athens (16th April)

   2003 – ratification by all member states (approval by their parliaments) and by candidate
   countries (includes plebiscites). Czech voters approved EU membership by 77:23

   2004 – EU/EC membership (1th May), the first European elections in Czechia (June)

   The conditions of accession

   The Treaty of Accesion (incudes „core“ Treaty, Act concerning conditions of accession and
   state-related and topic-related appendixes, approx. 5000 pages) describes conditions of
   accession of new member states (temporary or permanent exceptions and gradual ). The Treaty is
   legal instrument of membership of new member states.

   Big exceptions: (1) no free movement of workers for nationals of new member states for seven
   years (however, states can open labour markets earlier), (2) limited access of non-residents
   to immovable property in several new member states, (3) partial subsidies in common
   agricultural policy, (4) temporary suspension of standards of protection of environment (water
   pollution).

   Introduction of EU/EC law in Czechia and other new member states      

   The EU law (especially EC law) shall be applied in the Czech Republic since the accession.

   Several parts of state agencies have started to apply EC law immediately (customs authorities,
   agriculture authorities). Officers of these authorities have usually sufficient knowledge of
   EC law they are expected to apply. Almost all these authorities are centralised.

   Other authorities are expected to apply EC law only ocassionally: tax administration, social
   security administration, administrations of various branches of industry, services, transports
   etc. The knowledge of EC law is limited.

   However, there is only gradual entry of EC law into Czech judiciary. Czech courts have to
   dedide only several EC-related cases: „average judge“ has no euro-case at all. Therefore, the
   attention of judges to the EC law is limited or non-existent at all.