Suchergebnisse

The article documents the process of the increase in the relevance of fundamental rights in the European Union and calls attention to the fact that it is gradually approaching an important point whose attainment would have a considerable impact on the nature of the EU. The text traces the development of the EU's powers and activities in setting the norms related to fundamental rights, and deciding about their application, control and enforcement. The states have been reluctant to permit the Union to intervene into their domestic human rights affairs which are not connected to the EU's competences. Nevertheless, its recent activities indicate that the EU is starting to get more say even in this cautiously guarded domain of domestic competence. Adapted from the source document.

The aim of this paper is to examine the consequences of a failure to make a preliminary reference from the point of view of consumer organizations striving for the protection of collective consumer rights. Also, this paper argues against a strict application of the principle of procedural autonomy of Member States, as it makes the enforcement of consumer rights practically impossible, in particular with respect to Directive 2009/22/EC of the European Parliament and of the Council of 23 April 2009 on injunctions for the protection of consumers' interests (the Injunctions Directive). The author discusses both judicial and extrajudicial remedies that are available in case of a failure to make a preliminary reference to the Court of Justice of the European Union. She believes that procedural rules and the specific conditions for obtaining damages based on the Francovich judgment are not sufficiently harmonized throughout the European Union. Adapted from the source document.

The article analyses the changes in norm enforcement in the EU that were triggered by the Eurozone crisis. It attempts to demonstrate that the Eurozone crisis contributed to a 'transplantation' of conditionality instruments (which traditionally exist within the EU's external relations) into the internal operations of the European Union. In particular, the article identifies which new internal rule-enforcement mechanisms of the EU share common structural features with the external EU conditionality (e.g. a vague legal framework; the use of the expertise of non-EU actors; an excess of competencies conferred to the EU; the institutional weakening of the European Commission, the European Parliament and the Court of Justice; the format of the sanctions). The article comes to the conclusion that the formation of the EU's internal conditionality occurred mainly within the instruments aimed at the crisis management of public finances of the Eurozone states (the EFSF, the EFSM, and the ESM), but it also concludes that there was an expansion of the new EU conditionality into other areas of the European integration, such as the Schengen cooperation and cohesion policy. Adapted from the source document.

The process of European integration should be seen as the harmony of economic unification which is determined by a dynamic development with closed forms of intensive and deepening co-operation. Both processes, i.e. integration and co-operation, have been compared in the second part of the paper. The existence of a legal regime of its own is an important aspect of the economic integration. Therefore the necessity of national legal systems harmonisation, whose aim is to achieve the same legal regime for the common economic area, seems to be an inevitable process. As one from the driving forces of this process has become the need for balancing economic and social dimensions, the present-day EU policy responds to demanding challenges and it pays respect to the dignity of human being, while setting of the fundamental standard of social dimension is supposed in national legal order of the EU member states. The social policy of the EU has been therefore paid a close attention by the author. However the most challenging and prestigious act of the European integration has become the formation of a common European financial area, which is perceived in not only a European, but also in a world-wide context as well. It seems to be a process that is supposed to influence the development of international financial relations. This process bear certain level of risks, but it is really a unique opportunity for the creation of a single financial area for Europeans. (SOI : MO: S. 306)

JUDICIAL CONCENTRATION OF PROCEEDINGS IN THE LIGHT OF THE SETTLEMENT OF FACTS BASIS OF ADJUDGMENT IN CIVIL DISPUTE PROCEEDINGS Koncepcia silného sudcu v aktuálnom poňatí civilného sporového konania, ktorá korešponduje s princípom arbitrárneho poriadku podľa čl. 10 Civilného sporového poriadku, dáva súdu možnosť "režírovať" priebeh súdneho konania, a to najmä záväznými pokynmi pre sporové strany, ako aj určovaním lehôt na ich realizáciu. Tento aspekt sporového procesu kladie veľký dôraz na procesnú diligenciu sporových strán, ktoré sú v prevažnej miere zodpovedné za výsledok sporu. Sudcovská koncentrácia konania umožňuje súdu sankcionovať nehospodárne správanie sa strán v prípade, že prostriedky procesného útoku a procesnej obrany uplatnia oneskorene. The concept of a strong judge in the current concept of civil litigation, which corresponds to the principle of homogeneity of the civil proceedings under Article 10 of The code of the civil contentious proceedings, gives the court the opportunity to "direct" the course of the court proceedings, in particular by binding instructions to the parties to the dispute, as well as by setting deadlines for their implementation. This aspect of the dispute process places importance on the procedural diligence of the parties, who are responsible for the result of the dispute. Judicial concentration of proceedings enables the court to sanction the uneconomical conduct of the parties in case they apply the means of procedural attack and procedural defense late. URL: https://sic.pravo.upjs.sk/

Religion in contemporary Europe has been forced out of politics but religious themes repeatedly return in European politics. The article deals with the question of how the Catholic faith, as a symbol of identification, and the political and social issues conditioned by Catholic faith influence current European policy. Sociological research has indicated a link between identification with the Church and social attitudes, and the influence of religious identification on the approach toward European integration. The key theme of the article is the analysis of religious topics at the political level and the consequences of the struggle of the cross, as well as the resulting influence on political or judicial power in European countries. Using specific examples, it is shown that some of the manifestations of the Catholic faith represent an identification symbol and that religious themes have remained strong. Adapted from the source document.

Eritrea becoming independent, with the consent of Ethiopia, was considered a unique event on a continent that has experienced so many wars about the right to self-rule. However there are elements in Ethiopia's political mosaic that can never accept Eritrea independence. ... From the historical point of view there should be no doubt that the territory of today's Eritrea was a part of Ethiopians' kingdoms. However for more than 60 years since 1890 Eritrea was under the foreign rule. Eritrea was federated to Ethiopia in 1952, but when in 1962 the federation was dissolved and the province was annexed by Haile Selassie, guerrilla war broke out and continued also during the dictatorship of M. H. Mariam (1974-1991). ... He two countries are among the poorest in Africa, but both Ethiopia and Eritrea are reportedly engaged in buying as much arms as their poor economies can afford from countries such as Russian Federation, China, Bulgaria, and the Ukraine. ... Both countries have close military relationships with the United States and Israel who have a strategic interest in keeping them as stable allies close to the Arabian peninsula and bordering Sudan. ... The International community calls for an end to the border war between Ethiopia and Eritrea. The United Nations, the European Union, African leaders and U.S. government have aIl pleaded for restraint and immediate stop of military confrontation. ... In reality, neither side seems interested abandoning the military option for resolving the border issue. (SOI : MO: S. 46-48)

English-Slovak parallel corpus consisting of several freely available corpora (Acquis [1], Europarl [2], Official Journal of the European Union [3] and part of OPUS corpus [4] – EMEA, EUConst, KDE4 and PHP) and downloaded website of European Commission [5]. Corpus is published in both in plaintext format and with an automatic morphological annotation. References: [1] http://langtech.jrc.it/JRC-Acquis.html/ [2] http://www.statmt.org/europarl/ [3] http://apertium.eu/data [4] http://opus.lingfil.uu.se/ [5] http://ec.europa.eu/ ; This work has been supported by the grant Euro-MatrixPlus (FP7-ICT-2007-3-231720 of the EU and 7E09003 of the Czech Republic)

The EU crisis has brought about fundamental impacts on the constitutional framework of the EU governance. The internationalization of EU law, the strengthening of the intergovernmental form of decision making with the crucial role of the European Council and the corresponding weakening of parliamentary bodies can be seen as symptoms of a shift of the EU towards an executive form of federal governance. However, this trend may not be interpreted simply as a 'return' of the sovereign state as the key actor within the European polity, as it might be according to traditional theories of emergency powers. The decision making is de facto relocated from the political level to the level of administration. Thus, instead of de-parliamentarization, we can speak about de-politization or a reconfiguration of the political. The crucial role here - even in decisions of summits of the European Council and the Euro Council - is played by administrative bodies, particulary those of the Council Secretariat and the Commission's services. While the economic crisis is (hopefully) already overcome, the overcoming of the crisis of democracy is not in sight. Adapted from the source document.

Pojem transteritoriálny správny akt je vo vede správneho práva relatívne novým, a to najmä v podmienkach Slovenskej republiky. Svoju praktickú uplatniteľnosť má v súvislosti s uplatňovaním práva Európskej únie (aj medzinárodného práva). Jeho podstata spočíva v tom, že účinky takéhoto správneho aktu vydaného v rámci jedného členského štátu presahujú územie tohto členského štátu, t.j. majú účinky aj v iných členských štátoch, resp. vo všetkých členských štátoch Európskej únie bez toho, aby podliehali procesu jeho uznania. Cieľom monografie je zhrnutie výsledkov skúmania tohto typu správnych aktov, vymedzenie jeho charakteristických znakov a jeho účinkov, skúmanie možností procesnej obrany pred pôsobením jeho účinkov zo strany dotknutého štátu, prípadne posúdenie možností unifikácie postupu členských štátov Európskej únie v prípade potreby procesnej obrany voči účinkom transteritoriálnych správnych aktov. V rámci monografie sú taktiež analyzované jednotlivý typy transteritoriálnych správnych aktov aplikujúcich sa v podmienkach Európskej únie a Slovenskej republiky, ktoré sú kategorizované podľa stanovených kritérií. *** Transterritorial administrative acts in the confitions of the European Union and Slovak republic Scientific monograph summarizes outputs of research project named as "Transterritorial Administrative Acts of the Member States of the European Union" supported by the Grant of the Scientific Grant Agency under no. 1/0203/18. The concept of a transterritorial administrative act is relatively new in administrative law, especially in the conditions of the Slovak Republic. It has practical applicability to the application of European Union law (including international law). Its essence lies in the fact that the effects of such an administrative act issued within one Member State exceed the territory of that Member State, have effects in other Member States, in all Member States of the European Union without being subject to the recognition process. The purpose of the monograph is to present outputs of the ...