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"The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility
Dirriglová, Katharina ; Scheu, Harald Christian (advisor) ; Kunertová, Tereza (referee)
The Hypotheticality of a Preliminary Reference to the Court of Justice of the EU as a Viewpoint of its Inadmissibility Abstract This master thesis analyses the case-law of the Court of Justice of the EU (CJEU) concerning the admissibility of preliminary references. In particular, it focuses on one of the criteria of CJEU's admissibility review - inadmissibility on the grounds of hypotheticality. It argues that there are essentially two types of hypothetical questions: those that arise of contrived (hypothetical) disputes and those that are hypothetical in nature, because they require the CJEU to give an advisory opinion on a matter that is not adjudicated in the main proceedings. The two categories differ in the approach taken by the CJEU. Whereas in cases of hypothetical disputes the CJEU rejects all preliminary questions posed by the referring judge, it will only selectively declare inadmissible a single question or certain questions exceeding its jurisdiction in the latter case. First, this contribution sets out the broader context of the functioning of the preliminary reference procedure, highlighting both the principles of the procedure and the roles of the numerous actors concerned. Subsequently, it follows the emergence of the hypothetical questions doctrine in the seminal C-104/79 Foglia, C-244/80...
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Annotated translation: Darf man in einem Rechtsstaat... auch links fahren? (Von Florian Haase. Acabus Verlag, Hamburg 2018. Selected chapters.)
Dirriglová, Katharina ; Kloudová, Věra (advisor) ; Svoboda, Tomáš (referee)
(in English): This thesis consists of two parts. The first part is a Czech translation of a chosen section of the book Darf man in einem Rechtsstaat auch links fahren? and the second part is the commentary to the translation. The commentary reflects the translation process. Divided into four subsections, it tackles the following issues: source-text analysis according the model of Ch. Nord, a short description of the translation method and the theoretical translation brief, an analysis of the most significant translation problems and the typology of translation shifts according to A. Popovič. Keywords: Law, interpreting law, German law, constitutional law, Basic Law, democracy, rule of law
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