The EU System of Justice between Hierarchy and Dialog
After the Aaccession to the European Union, the Czech courts have to meet requirements of the uniform enforcement of Community law. They should adopt methods of interpretation and procedures of application of law practiced within the European system of justice. Such an adoption may be facilitated b...
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| Format: | Article |
| Language: | English |
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Institute of International Relations Prague
2004-09-01
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| Series: | Czech Journal of International Relations |
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| Online Access: | https://cjir.iir.cz/index.php/cjir/article/view/708 |
| _version_ | 1797895344493690880 |
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| author | Jiří Zemánek |
| author_facet | Jiří Zemánek |
| author_sort | Jiří Zemánek |
| collection | DOAJ |
| description |
After the Aaccession to the European Union, the Czech courts have to meet
requirements of the uniform enforcement of Community law. They should
adopt methods of interpretation and procedures of application of law
practiced within the European system of justice. Such an adoption may be
facilitated by the case law of the European Court of Justice. The ECJ case law
attempts to release the atension between the centralised law-making in the
EC institutions and the decentralised way of application of the Community
law on the national level. The author analyszes prerequisities and effects of
the preliminary ruling procedure, providing national courts with binding
judgements on interpretation of Community law provision or on its validity.
Further, conditions of institution and enforcement of state liability for the
damage caused by a violation of Community law obligations are reviewed.
The analysis leads to a consideration on reflections of these Community
instruments in the Czech legal system and practice.
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| first_indexed | 2024-04-10T07:25:07Z |
| format | Article |
| id | doaj.art-6ecb59f148bb4d178aa2edae588f374c |
| institution | Directory Open Access Journal |
| issn | 0323-1844 2570-9429 |
| language | English |
| last_indexed | 2024-04-10T07:25:07Z |
| publishDate | 2004-09-01 |
| publisher | Institute of International Relations Prague |
| record_format | Article |
| series | Czech Journal of International Relations |
| spelling | doaj.art-6ecb59f148bb4d178aa2edae588f374c2023-02-24T08:39:52ZengInstitute of International Relations PragueCzech Journal of International Relations0323-18442570-94292004-09-01393The EU System of Justice between Hierarchy and DialogJiří Zemánek After the Aaccession to the European Union, the Czech courts have to meet requirements of the uniform enforcement of Community law. They should adopt methods of interpretation and procedures of application of law practiced within the European system of justice. Such an adoption may be facilitated by the case law of the European Court of Justice. The ECJ case law attempts to release the atension between the centralised law-making in the EC institutions and the decentralised way of application of the Community law on the national level. The author analyszes prerequisities and effects of the preliminary ruling procedure, providing national courts with binding judgements on interpretation of Community law provision or on its validity. Further, conditions of institution and enforcement of state liability for the damage caused by a violation of Community law obligations are reviewed. The analysis leads to a consideration on reflections of these Community instruments in the Czech legal system and practice. https://cjir.iir.cz/index.php/cjir/article/view/708European Court of Justicejudicatureapplication of the Community lawpreliminary ruling procedurestate liabilitynational courts |
| spellingShingle | Jiří Zemánek The EU System of Justice between Hierarchy and Dialog Czech Journal of International Relations European Court of Justice judicature application of the Community law preliminary ruling procedure state liability national courts |
| title | The EU System of Justice between Hierarchy and Dialog |
| title_full | The EU System of Justice between Hierarchy and Dialog |
| title_fullStr | The EU System of Justice between Hierarchy and Dialog |
| title_full_unstemmed | The EU System of Justice between Hierarchy and Dialog |
| title_short | The EU System of Justice between Hierarchy and Dialog |
| title_sort | eu system of justice between hierarchy and dialog |
| topic | European Court of Justice judicature application of the Community law preliminary ruling procedure state liability national courts |
| url | https://cjir.iir.cz/index.php/cjir/article/view/708 |
| work_keys_str_mv | AT jirizemanek theeusystemofjusticebetweenhierarchyanddialog AT jirizemanek eusystemofjusticebetweenhierarchyanddialog |