|
|
Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
|
|
|
Legislative Quality Assurance Toolbox in the context of the Czech Republic
Říha, Michal ; Gerloch, Aleš (advisor) ; Antoš, Marek (referee)
Legislative Quality Assurance Toolbox in the context of the Czech Republic Michal Riha Abstract The aim of the rigorosum thesis is to describe and evaluate the tools used for the control of legislation quality ("legislative toolbox") at both the parliamentary and pre-parliamentary stage of the legislative process. The main focus is on the situation in the Czech Republic, although the tools used in other jurisdictions are introduced in order to encourage potential discussion regarding an expansion of the Czech legislative toolbox. The toolbox is shown on the background of the principles of proper law making - for example a sceptic lawmaker approach employed with the aim of securing a stable legal environment. This method helps us better understand the potential conflicts between certain legislative principles; one example can be a clash between the legislative needs and the quality control tool when, for example, a required legislative solution might be slowed down by repeated debates within the Legislative Council due to theoretical marginalities. This example indicates a conflict between the principle of sound legislation and the need for reasonable speed of the legislative process. The author also considers the influence of EU law, which is not usually taken into account, despite the European Union law...
|
|
|
Principles of Secondary Legislation of the European Union
Říha, Michal ; Pítrová, Lenka (advisor) ; Král, Richard (referee)
V Summary The question of quality of legislation in Modern Age is omnipresent in political, philosophical and in legal discourse. Especially in connection with structures which are different from classical national state concepts such as the European Union, it is very hard to set up conditions of good legislation. The main aim of this Thesis is analysis of today's state of affairs and to create a comprehensive structure of good legislation principles applied in the EU. The author is dealing with the fact that classical legal theory is usually applied on EU situation terms in their classical - Westphalian state - meanings. The purpose of this work is, therefore, to adapt these classical terms to a situation of EU and CJEU case law. For that reason, the author is critically assessing classical legal theorist's principle models as well as models created by experts in the field of legislation or European Union law. The outcome is supposed to be a merge between these models, which can provide the reader with deeper understanding of normative model of Union legislation. EU legislative style is a merge of the majority of legislative traditions of Member States, therefore, in certain circumstances it is hardly understandable for everybody. The main presumption here is MacCormmick's theory of interdependence of...
|
guest ::
