National Repository of Grey Literature 2 records found  Search took 0.00 seconds. 
The issue of the reference for preliminary ruling with a special regard to proceedings initiated by courts of the Czech Republic
Zvárová, Daniela ; Král, Richard (referee) ; Tichý, Luboš (advisor)
Resumé The date of May 1st, 2004 constitutes an historic moment in European Integration. It signifies an enlargement of the European Union from 15 to 25 countries including Czech Republic which had an impact on many areas. In the field of law there were suddenly lots of cases when the European law became immediately applicable. As a result of collision between the European and the national law there may arise a question of interpretation or validity of the EU law. Preliminary reference procedure, which is laid down in Article 267 of the Treaty on the functioning of the European Union, is applied when the judge of a national court faces with such a question; it facilitates the dialog between the national courts and the Court of Justice of the European Union. The preliminary reference procedure is what is dealt with in the diploma thesis which is called "The issue of the reference for preliminary ruling with a special regard to proceedings initiated by courts of the Czech Republic." In first two chapters there is outlined the characteristic of this procedure with some specific features and its evolution from the Article 41 of the Treaty establishing the European Coal and Steel Community to the Article 267 of the Treaty on the functioning of the European Union. The third chapter interprets the term "court or...
Preliminary reference procedure within the scope of European judicial system
Zvárová, Daniela ; Pavlok, Jan (advisor) ; Koucká, Jiřina (referee)
The thesis deals with the preliminary reference procedure. There is outlined not only the characteristic of this procedure or its evolution, but also the interpretation of the term "court or tribunal of a Member State" or the Exceptions to the Duty to Refer. The following chapters are concerned with the statistical curiosities of the preliminary reference procedure or the ways of how to make this procedure more efficient. The last chapter is analysing the preliminary reference procedure from the Czech law's point of view. It deals with some Czech institutions as courts of the Member State, procedural aspects of this procedure or study of the Czech preliminary references. It also contains some cases of The Constitutional Court of the Czech Republic regarding with this procedure.

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