Days of public law

INTERNATIONAL AND EUROPEAN LAW SECTION

APPLICATION OF EUROPEAN LAW BY CZECH (NATIONAL) PUBLIC AUTHORITIES

After the entry of the Czech Republic to the European Community the Czech public authorities have to face the situation that they are obliged to apply not only national law but European law as well. Czech public authorities are not the only ones that solve this problem. National public authorities of other Member States deal with the same challenge.

The application of European law by national public authorities is a problem that brings a lot of interesting questions. No wonder that it was chosen as the topic of the Section of International and European law.

European Community is not traditional international organisation. One of its specific features is the fact that it creates the legal order in defined areas. This order constitutes independent legal system distinct from both national and international law. Even though the EC law is created on the basis of agreement of sovereign states, it becomes the part of national law of each Member State and respective public authorities are obliged to apply this law. There is a difference between the terms EC law and EU law. EU law is a wider concept which includes EC law and rules emerged in the second and third pillar.

The range of contributions found in this collection indicates that the application of European law by national public authorities in not a simple question. The contributions deal with different aspects of this application and with other important problems concerning it.

We hope that all contributions will bring interesting ideas and inspiration for those participants who are interested in European law

Klára Svobodová





Bedana Bapuly
The constitutional courts of Austria, the Czech Republic and Hungary at the European crossroad

Igor Blahušiak
Changes in the decision-making procedures of the EU in the Reform Treaty

Petra Bohůnová
Common commercial policy: the change of relations between the Czech Republic and the ACP coutries

Lenka Červenková
Application of the 'acte clair' doctrine by the national courts and its evaluation in the light of the CILFIT case (demonstrated on the UK case law)

Ian Curry-Sumner
Transnational recovery of child maintenance in Europe: the future is bright, the future is central authorities

Michal Davala
Recent development in transposition of European antidiscriminational legislation to Slovak legal order

Vladimír Doležel
Does the Czech Republic violate a freedom of free movement of capital?

Marie Emilie Grossová
European enforcement order

Jana Herboczková
GATT/WTO and the European Court of Justice

Veronika Hradilová
European law in arbitration proceeding

Jarmila Božoňová, David Hütter
Security interest in immovables as a mean of security for debts asserted in bankruptcy proceedings

Radka Chlebcová
Directive 96/71/EC concerning the posting of workers and the problems of its practical application

Martin Janků
Community law as the framework for implementation of EU policies

Ondřej Kábela
Access to environmental information

Bohumil Kaduch
Squeeze-out procedure in Polish law

Roman Kališ
Application of the E.C. competition law goals in the shaping of the E.C. competition law and practice

Zdeněk Kapitán
European international insolvency law - a division between private and public law?

Filip Křepelka
European law and Czech administrative judiciary: three years after

Petra Myšáková, Jiří Valdhans
Theoretical starting points of the direct effect of WTO law in EC/EU legal order

Petra Novotná
Judicial cooperation in cross-border insolvency cases

Kateřina Novotná
The concept of "joint criminal enterprise" as a form of commission of crimes under international law

Zdeněk Nový
The interpretation of article 6/1 of the regulation Brussels I and the abuse of the right to sue in the light of decisions of ECJ

Kateřina Říhová, Martin Orgoník
Impact of the WTO on EC and national law

Naděžda Rozehnalová
The consumer protection and European international private and procedural law

Olga Sakalosh
The implementation of the EU standards to the Ukrainian customs legislation

David Sehnálek
External relations of the ES/EU - the enforcement of their interests in cyberspace

Michael Siman
The responsibility of national courts for damage caused by breach of community law

Kateřina Skřivánková
Conflict of international obligations of Member states of EC and the obligation of loyalty

Miroslav Slašťan
Court of Justice recent case law to the application of community

Václav Stehlík
Legal personality and standing of legal persons for the purpose of article 230 of TEC

Klára Svobodová
Community law and trade in cultural objects

Vladimír Týč
International treaties in EC (EU) law and their application in Member states

Katarzyna Wójtowicz
EU community law regulations on gross debt of general government

Robert Zbíral
Legal questions related to actions of heads of state and governments of Member states of EU

Vladimíra Žofčinová
Limits of legal protection of some special categories/women, pregnant women, mothers and juveniles/ in area of international labor law