Making EU soft law legally binding. Challenges for the legislative practice in the Czech Republic

• Authors: Harald Christian Scheu , Bohumil Peterka
• Languages of publication: EN

Abstracts

EN

Soft law norms are a phenomenon that is gaining enormous importance within EU legislation, both qualitatively and quantitatively. Despite the theoretically undisputed characteristics of soft law acts – their non-binding or non-enforceable character, they constitute a lasting challenge for a national legislature in the process of implementation of EU law. This is due to the “graduated normativity” od certain soft law acts which made legally binding on an ad hoc basis, by referring to them in legally binding (hard law) EU acts. There are several ways to manage the implementation of such acts into national law. Ideally, a successful implementation process requires the synergy of the EU and national legislature, which starts in the process of EU act negotiation.

Keywords

EN

soft law; implementation; recommendation; guideline; legal bindingness; legislation

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2024
• Volume: 14
• Issue: 1
• Pages: 39-52
• Document type: ARTICLE

Contributors

author

Harald Christian Scheu

• ---

author

Bohumil Peterka

• ---