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THE COSTITUTIONAL TRIBUNAL IN THE EUROPEAN CONSTITUTIONAL SYSTEM (Trybunal Konstytucyjny w europejskim systemie konstytucyjnym)

100%
Wojtyczek K.
Przegląd Sejmowy
|
2009
|
issue 4(93)
177-192
EN
APoland's accession to the European Union has not only considerably changed the system of sources of law, but also exerts influence on the position of the Constitutional Tribunal in the Polish and European constitutional systems. An analysis of the provisions of the constitution leads to reinterpretation of the principle of primacy of the constitution and to the limitation of the scope of its application. The Tribunal safeguards the constitution which slowly and gradually loses its former significance. The powers of the Constitutional Tribunal to review EU law are limited. First of all, it may examine constitutionality of the national laws implementing EU law, as well as constitutionality of treaties that make up European primary legislation. Review of secondary legislation is possible in case of a constitutional complaint. The Constitutional Tribunal has also limited powers to examine conformity of Polish law with EU law. The main burden of responsibility for eliminating hierarchy contradictions from the legal system will gradually fall upon courts. In that context, it may be expected that after Poland's accession to the European Union the emanation of Polish constitution within the legal system will be lowered to the benefit of the EU law. In the context of the European integration, the Constitutional Tribunal may perform new constitutional-law functions: on the one hand, of a body adopting Polish constitution (by way of a more or less creative interpretation) to the needs of European integration and, on the other hand, of a body declaring, in exceptional circumstances, the existence of a threat to, or a violation of, the fundamental constitutional values and inducing the supreme Polish political organs, and the EU organs, to take actions aimed at elimination of such treats or violations.
2

INŠTITÚT AGENTA A JEHO VYUŽITIE NA ÚČELY DOKAZOVANIA KORUPCIE

88%
Tóthová M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2011
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vol. 94
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issue 4
378 – 394
EN
The present article deals with the Institution of agent view in current Slovak legislation. We are dedicated to the possibilities of its use for detection purposes and also proving the corruption crime. Deal with the legal possibilities for using the Institution’s agent - controller and analyze the possibility of enjoyment Institution agent - agent provocateur. Those institutes enshrined in the Slovakian criminal procedural value adjustments to match the terms of their legality and admissibility in the context of European legislation and case law. Emphasize the importance of inquiry agent and she deals with aspects of the agent questioning the use as evidence in criminal proceedings. She makes analysis of the characteristics of that admission and emphasizes that agents have obtained information in criminal proceedings, the nature of the evidence. The author notes that the agent’s testimony is largely problematic, since under European Court of Human Rights, significantly weakens the right of defense and the right to a fair trial and to the extent that our current adjustments to these questions is not in accordance with European legislation.
3

O NOVOM MAĎARSKOM OBČIANSKOM ZÁKONNÍKU

88%
Vékás L.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2013
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vol. 96
|
issue 4
313 – 325
EN
The article presents basic characteristics of the new Hungarian Civil Code adopted by the parliament on 11th February 2013, which will take effect from 15th March 2014 and supersede the first Civil Code from the year 1959. The new private law code is characterised by a monistic conception which integrates the whole law of obligations, covering both commercial and non-commercial obligations, regulation of companies and cooperatives, as well as family law. From the conceptual and system viewpoints the Hungarian Code is inspired by some foreign examples at national level, in particular by the Swiss ZGB, with which it shares the systematic arrangement of content (none of the codes has a general part). In terms of content the new Hungarian code is the continuation of existing legislation and case law and, in its innovated form, takes from it all items which have proved to be successful in the application practice. The new code also achieves the required degree of internationalisation and Europeanization. The authors of the code have drawn on the international and European legislation as well as on academic model proposals which won recognition from global experts. It can be stated that the new Hungarian Civil Code represents a modern national code of private law with European dimensions.
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