TABUĽKA ZHODY AKO NÁLEŽITOSŤ PREBRATIA SMERNICE (ORIENTAČNÁ ISTOTA V PRÁVNOM PORIADKU)

• Authors: Milan Hodás

Title variants

EN

Correlation table as appropriateness of the transposition of directive (orientation certainty in the legal order)

• Languages of publication: SK

Abstracts

EN

In legislative technique of the European Union, the correlation tables are used to demonstrate compliance of content, or to simplify orientation, for example between „old“ and new treaties, or between former and new legislation. The correlation table in the Slovak Republic is worked up by drafting of legislation at the level of Slovak Government, if the draft legislation is to transpose a Directive, the exact form of correlation tables is determined Legislative Rules of the Slovak Government. The necessity of the existence of correlation tables of transposition measures with EU law can be derived from the obligation of loyalty of a Member State of the European Union, as well as the related case law of the Court of Justice of the European Union, which refers to the obligation to provide the Commission with information that is clear, precise and clearly identifies those laws and regulations, which the Member State considers that they have satisfied the various obligations imposed on him by the Directive. Failure to comply with the notification obligation of the Member States, whether by providing no information, or insufficiently clear or insufficiently precise information, may of itself justify a procedure under Article 258 of the Treaty on the Functioning of the European Union. Similarly, the addressee of the legal norm needs to know that the norm has EU origin to be able to know the specific effects of the norm. From the point of view of the European Commission we are talking about the facilitation of checking of compliance with the transposition obligations of the Member States and in view of the addressees of legal norms we are talking about orientation certainty and recognizability of the legal system. In this context, it appears as a lack that there is no systematic centralized database of correlation tables, which is accessible to the public and no obligation to produce a consolidated version of correlation tables, which reflect the changes in transposition measures discussed in the National Council of the Slovak Republic. Legal certainty is undermined also by the fact that the correlation tables are not prepared by implementing the regulations of the European Union.

Keywords

EN

CORRELATION TABLE; TRANSPOSITION; LEGAL ORDER; LEGAL SYSTEM; EUROPEAN UNION; SLOVAKIA

• Publisher: Institute of State and Law of the Slovak Academy of Sciences
• Journal: Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
• Year: 2015
• Volume: 98
• Issue: 2
• Pages: 149 – 163

Contributors

author

Milan Hodás

• Katedra ústavného práva, Právnická fakulta UK, Bratislava, Slovak Republic