Publication details
Specifika výkladu práva Evropské unie a jeho vnitrostátní důsledky
| Title in English | Specifics of the Interpretation of EU Law and its National Implications |
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| Authors | |
| Year of publication | 2019 |
| Type | Monograph |
| MU Faculty or unit | |
| Citation | |
| Description | The publication focuses on the interpretation of European Union law and its peculiarities in comparison with the interpretation of international and national law. The influence of EU law on Czech law and on Czech application practice is often emphasized, and the specifics of the interpretation of EU law are no less often emphasized, precisely in contrast to national law, which, according to the general concept, is what is not special and is therefore "normal". The perception of the specificity of the interpretation of EU law is mainly due to the fact that this law is interpreted by the CJEU as a rule. The publication therefore carefully analyses the systemic position of the CJEU in the institutional structure of the European Union, its links and interactions with other international courts and with the highest courts of the Member States. Due attention is also paid to the various methods of interpretation, including the 'effet utile' argument. These methods are analysed in the context of their conception in common law, continental law and international law. The main focus of the analysis is on the numerous decisions of the CJEU. The final part of the book focuses on the implications of the CJEU's treatment of EU law for Member States and national judicial and application practice. In particular, attention is paid to the so-called reverse discrimination, as well as to the evolutionary processes in national legal orders that have been triggered by their interactions caused by EU law. |