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Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Wintr, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
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Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Wintr, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
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Specifics regarding methods of interpretation of the EU law and process of EU directives transposition
Hosnedl, Daniel ; Ondřejek, Pavel (advisor) ; Tryzna, Jan (referee)
Specifics regarding methods of interpretation of the EU law and process of EU directives transposition Abstract This thesis is dedicated to the problematics regarding specifics of the European Union law interpretation methods. While majority of publications dealing with law interpretation adopts the perspective of judges and courts, and thus deals with the interpretations they render, this study adopts the viewpoint of a Czech legislator, who is facing a challenging task of transposing directives into the Czech legal order. In order for the transposition to be conducted properly, a thorough interpretation of the respective directive must precede. There is six standard and non- standard methods of interpretation at the legislator's disposal, including linguistic, logical, systematic, historical, theological and comparative one. Do these methods, however, prove to be fully applicable in case of the interpretation of the EU directives? Possibly, what would be the EU law norms interpretation specifics? This study represents an analysis of the given topic from the perspective of a legal theory and is structured into three main sections. The first section provides a brief definition of the legal interpretation as such and presents an overview of both historical and contemporary approaches towards the...
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