CYIL vol. 12 (2021)

CYIL 12 (2021) The impact of the adoption of the Framework Agreement… It follows from the title of the Framework Agreement that it is not aimed at resolving all issues in an exhaustive way. The aim is not to replace the national regulation of the organization of the provision of emergency medical services in any of the Contracting States. The purpose of the regulation is to enshrine only the basic, relatively narrowly constructed, model of cross-border cooperation of emergency medical services. Further specification of the Framework Agreement is to be carried out through additional arrangements for cross-border cooperation, which are to specify in particular the „technical“ side of cooperation between emergency medical services. Leaving this new creation to a lower level is motivated by the effort to achieve greater flexibility in the concretization of cooperation and in the event of a change in these rules. At the same time, however, it is clear that the arrangements cannot change or further expand the basic model of cooperation set out in the Framework Agreement. The process of ratification and parliamentary approval allows an international treaty to take precedence over national legislation. However, the extent to which this international regulation takes precedence over Czech law cannot be freely changed or extended by agreements concluded on the Czech side at the regional level (for more details, see below). In other words, a framework agreement takes precedence over national law only in the narrowly defined scope of cross-border cooperation. To the remainder, the provider of this emergency medical service must comply with national law. This is also reflected in the preamble to the Framework Agreement, according to which the possibility of concluding cross-border cooperation arrangements at regional level is guided by an effort to simplify administrative procedures while respecting national law, international legal obligations of both parties and European Union law. For the sake of completeness, it should be added that the Framework Agreement does not affect the rights and obligations of the contracting parties arising from the Agreement between the Czech Republic and the Federal Republic of Germany on Mutual Assistance in Disasters and Major Accidents, signed on 19 September 2000 (No. 10/2003 Coll.i.t.). This contract can also be a treasure for sending a Czech ambulance service to Germany and vice versa. However, this is an adjustment that is aimed at providing on-demand assistance in relatively limiting cases of disasters or major accidents – so it is not aimed at day-to-day cooperation. Assistance can be implemented by sending rescue units, individual experts, material, but also, for example, by sharing the necessary information, etc. 7 Activation of the cooperation of rescue services on the basis of this contract is quite exceptional. With regard to the submitted entry definition, it is clear that a closer definition of the effects of the adoption of the Framework Agreement must be divided into two levels. Primarily, an interpretation of the national regulation of the provision of emergency medical services must be given, and in connection with this, only an analysis of cross-border cooperation under the Framework Agreement. environment, this rule is interpreted without major difficulties in such a way that a German outreach group can cross a common border equipped in accordance with the relevant provisions of German law – the Framework Agreement takes precedence over any different national regulation. From the German point of view, the situation is more complicated. The provision conflicts with national regulations on the import and export of narcotic drugs and drugs (ie opiates transported across borders by the emergency services intervention group). The issue of the need for general approval for such shipments as well as permits issued for each specific case of import or export of such substances is thus addressed. 7 The rather generally worded wording of this agreement was further specified by the Agreement between the Ministry of the Interior of the Czech Republic and the Bavarian State Ministry of the Interior implementing the Agreement between the Czech Republic and the Federal Republic of Germany on Mutual Assistance in Disasters and Major Accidents (No. 67/2013 Coll.i.t.). For example, it further specifies and simplifies a request for assistance from the parties.

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