SLP 13 (2020)

principle of proportionality in the legislative procedure. In the paper the author tries to oppose the view according to which the principle of proportionality is solely a judicial test and that it should not be applied by the legislator at all. Current views on the relationship between law-making and legal interpretation require that the principle of proportionality should be applied by all authorities involved in legislative procedure. After introducing the debate on the applicability of the principle of proportionality on law-making in post-war German constitutional law, Pavel Ondřejek analyses the applicability of the principle of proportionality in the legislative procedure in the Czech Republic. Therefore, the purpose of the paper is to emphasize, in particular, at what stages of the legislative procedure it is crucial to apply proportionality and what is the role of individual state authorities in promoting it. The fourth contribution by Markéta Křižáková entitled ‘Protection of human rights of applicants for international protection during efforts to reform the Common European Asylum System: „safe third countries“ in the proposal of procedural regulation’ deals with the proposal of the Procedural Regulation within the framework of the Common European Asylum System (CEAS) reform, namely with the concepts of safe third country and first country of asylum. European Commission, the reform proposer, has envisaged the use of these concepts in order to shift responsibility for applicants for international protection to third countries, but has proposed specific conditions for so-called adequate/effective protection which must be available in the third country. The paper analyses in particular European Parliament’s counterproposal and seeks to answer the question whether European Parliament has taken the role of the defender of fundamental rights of applicants for international protection regarding the use of “safe country” concept. The aim of the following contribution by David Kryska entitled ‘AsylumLegislation in European Socialist Countries’ is to describe asylum legislation in former European socialist states (Soviet Union, Bulgaria, Czechoslovakia, Yugoslavia, German Democratic Republic, Poland and Romania). After the introduction, the author describes the soviet and more generally the socialist understanding of asylum legislation. Subsequently, the paper particularly focuses on constitutional regulation of asylum and its implementing regulation in European socialist countries. Finally, the author formulates basic attributes of asylum legislation in socialist states. The final contribution by Pavel Ondřejek entitled ‘Fundamental rights protection and variability of judicial reasoning of the Constitutional Court’ is based on the premise that courts, especially supreme and higher courts, can by their procedure and choice of argumentation significantly influence the applicability of their rulings in future similar cases. Thus, for example, courts may broaden or narrow down the applicability of a general rule, or reinterpret it, or avoid completely deciding certain issues. In this paper, the author deals mainly with one of the forms of judicial self- restraint and the aim will be to assess to what extent the self-restraint of courts and their

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