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Indirect Effect of EU Law under Constitutional Scrutiny – the Overview of Approach of Czech Constitutional Court

Summary

The paper deals with the non-normative impacts of the EU law in the national legal systems (Czech Republic in particular) and focuses on the approach of the Czech Constitutional Court (CCC) towards the so-called principle of indirect effect of EU law. The authors examine the case law of CCC and offer the conclusions about the place, constitutional relevance and (national) limits of the EU-consistent interpretation of national law. CCC up to date case law clearly indicates that a EU-consistent interpretation is the most ideal tool for meeting the Czech Republic’s membership obligations. But it is simultaneously a tool for preserving the autonomy of the national authorities applying law and reduces possible tensions between supranational and nation law. CCC accepts the indirect effect broadly and used this concept even in controversial cases (European arrest warrant, State responsibility for damages etc.). But still it does not approach this effect without reservations. CCC points on the necessity to protect the fundamental constitutional values (‘Solange’ concept) even in connection with the duty of EU-consistent interpretation.

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Information and Communication in Public Administration in the Context of Management Control Functioning in the Public Finance Sector in Poland

Summary

The aim of this article is to present the essence and significance of information and communication in public administration in the context of the management control. Broadly understood information in public administration allows both to control the activity of this administration and to make correct decisions and actions in order to perform public tasks effectively. Therefore, the existence of a proper system for sharing and exchanging information is an essential component of the management control, ensuring the execution of the tasks and objectives in a way that is consistent with the law, effective, efficient and timely. The article points to i.a. the types of information and means of communication that may be deemed effective or legally acceptable tools for conveying information and communicating in public information. In this context it should be emphasised that - in particular - sharing public information requires that a relevant form be retained and a proper sharing procedure be followed.

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Judicial Activism in Nigeria: Delineating the Extend of Legislative-Judicial Engagement in Law Making

Abstract

Authoritarian governments are by their very nature unconstitutional. Such government thinks of themselves as above the law, and therefore sees no necessity for separation of powers or representative governance. Constitutional democracy on the other hand, is however based on the notion of people’s sovereignty, which is to be exercised in limited manner by a representative government. Accordingly, judicial activism in this paper is employed to establish the theory of popular participation of courts in the decision making processes through settlement of disputes, interpretation or construction of laws, determination of propriety of legislations, legislative and execution actions within the doctrine of separation of powers for the purpose of enforcement of the limitations in government on constitutional ground. This paper thus examines the concept of judicial activism, its legitimacy and as a mechanism for providing checks and balances in the Nigerian government. The paper demonstrates a game theory of judicial legislative interaction within their function and contends that the notion of judicial supremacy does not hold water because the legislature always has the second chance of invalidating the judgment of courts exercising the legitimate powers. The paper concludes that judicial activism in these countries is a veritable tool in advancing the compliance with the rule of laws on the ground of the Constitution.

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Non-Signatories in International Commercial Arbitration: Contesting the Myth of Consent

Abstract

Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.

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A New Form of Democratic Oversight in the EU: The Joint Parliamentary Scrutiny Group for Europol

.2.2.33360.10244 • Pelizzo Riccardo and Stapenhurst Frederick, 2012, Parliamentary Oversight Tools: A Comparative Analysis , Routledge, London. • Rasmussen Mette Buskjær and Dionigi Maja Kluger, 2018, ‘National parliaments’ use of the political dialogue: Institutional lobbyists, traditionalists or communicators?’, Journal of Common Market Studies , LVI(5): 1108-1126. • Rijpma Jorrit, 2014, ‘Institutions and Agencies: Government and Governance after Lisbon’, in Acosta Arcarazo Diego and Murphy Cian (eds), EU Security and Justice Law , Hart

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Bi-Ethnic Federalism and the Question of Sovereignty: Understanding the Competitive Security Postures in Cyprus

, The Creation of States in International Law , Clarendon Press, Oxford. • Del Mar Katherine, 2013, ‘The myth of Remedial Secession’, in French Duncan, Statehood and Self-Determination Reconciling Tradition and Modernity in International Law , Cambridge University Press, Cambridge, 79-108. • Ergün, Olgun M. & Dirk Rochtus, 2008, ‘Cyprus: The Belgian ‘Tool Box’ Revisited’, Insight Turkey , X (4): 111-134. • Erhürman Tufan, 2010. ‘New Set of Negotiations in the Cyprus Problem: Federation for a Stable Democracy’, Ankarabarreview , III(1): 35

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Hate Speech, Democratic Legitimacy and the Age of Trump
(reviewing Eric Heinze. Hate Speech and Democratic Citizenship. Oxford: Oxford University Press, 2016)

Jews in Holocaust Remembrance Day Message, Fast Forward: Quick reads through a Jewish lens , 27 Jan. 2017. [online], < http://forward.com/fast-forward/361425/trump-doesnt-mention-jews-in-holocaust-remembrance-day-message/ > Accessed: 22.06.2017. Strossen, Nadine. Regulating Racist Speech on Campus: A Modest Proposal, Duke Law Journal, 1990, pp. 554–55. Tate, Janisha. Turkey’s Article 301: A Legitimate Tool for Maintaining Order, Or a Threat to Freedom of Expression? Georgia International and Comparative Law Review , 2008, vol. 37. Waldron, Jeremy

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Regulatory Coherence and Standardization Mechanisms in the Trans-Pacific Partnership

, following the approach of the TPP and the OECD. Thus, regulatory coherence sweeps in all components of good regulatory practices as well as the use of regulatory impact assessments as a specific tool of good regulatory practice. However, it is also necessary to define regulatory cooperation, regulatory harmonization, and regulatory standardization, all terms that are either not defined or ill-defined in the existing literature, or confused with regulatory coherence. I use regulatory cooperation to refer to exercises in transparency, such as notification requirements

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The Brave New (American) World of International Investment Law: Substantive Investment Protection Standards in Mega-Regionals

-Outs Carve-outs are a popular tool in Mega-Regionals to protect host states’ regulatory freedom by ensuring that certain measures are not subject to investment treaty disciplines in the first place. Mega-Regionals may offer three main types of carve-outs: 1) carve-outs from the entire agreement; 2) carve-outs from specific treaty obligations; and 3) carve-outs for certain industries or areas of regulation. Notably, all three types of carve-outs can be found in U.S. and NAFTA practice. For example, the U.S. Model BIT 2012, supra note 21, provides a carve-out for taxation

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The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth

, the foundational work for American pragmatic thought. James identified his aim in formulating a pragmatic method when he concluded that much of modern philosophy accomplishes nothing of practical use or importance. Id . at 18-22. In the place of such thought, James outlined the pragmatic method as a sort of tool for getting to the practical truth that is in contention within any substantial dispute regarding ideas. The method begins by asking a simple question, which James repeated throughout Pragmatism : “What difference would it practically make to anyone if

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