REGIONALIZMUS AKO NÁSTROJ ZMENY VO VZŤAHU MEDZINÁRODNÉHO A VNÚTROŠTÁTNEHO PRÁVA (PLURALIZMUS NA OBZORE), ČASŤ 2

• Authors: Ľudmila Elbert

Title variants

EN

Regionalism as a tool for change of the relationship between international and municipal law (Pluralism on the horizon), part two

• Languages of publication: SK

Abstracts

EN

The relationship between international and national law has been traditionally defined by the theories of monism and dualism. These theories became established in a period when it was argued about the primacyof international law over national law or vice versa, or whether international law can be regarded as an autonomous legal system worth of adherence. However, the ideas have been replaced by reflections on the relationship between legal systems as such, in particular in the European area, where European law has wedged in between international and national law. The European Union continuously strengthens the autonomy of European law; therefore we present several considerations on the influence of European law as another legal order applicable by authorities of the member states on the relationship between the laws in conditions of the European region. Although the theory of pluralisn is not a generally established and respected theory describing the relationship among international, European and national laws, a variety of different considerations lead us to review our view of this relationship. They include new function of international law, European regionalism and internationalization of constitutional law and other concepts, which were initially only applicable to national law. Also these reasons bring the ideas on legal pluralism of laws to the foreground. However, there are also considarations, which undermine the position of pluralism as a suitable theory for the relationship among international, European and national laws, such as fragmentation of international law undermining the legal certainty in international law or constitutionalism at global or European level.

Keywords

EN

PLURALISM; INTERNATIONAL LAW; MUNICIPAL LAW; REGIONALISM; EUROPEAN UNION; CONSTITUTIONALISM

• 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: 6
• Pages: 560 - 570

Contributors

author

Ľudmila Elbert

• Ústav európskeho práva a oddelenie medzinárodného práva, Právnická fakulta UPJŠ v Košiciach, Košice, Slovak Republic