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THE ISSUE OF NULLITY OF LAW MAKING RESOLUTIONS OF INTERNATIONAL ORGANIZATIONS

100%
Buchowska N.
Polish Yearbook of International Law
|
2008
|
vol. 28
9-24
EN
The question of nullity of law-making resolutions of international organizations is essential not only for the organization itself and its law, but also for the member states, which are the addressees of these resolutions. First, the member states, being obliged to implement certain resolutions, must be certain that they will be implementing an act which is both valid and binding. Second, in order to implement a law-making resolution, states may undertake certain legal or factual actions. Hence the nullity of such a resolution would result in a series of consequences, including the problem of restoring the factual and legal conditions existing before a null and void resolution has been implemented. The complex problem of nullity of law-making resolutions requires the consideration of many issues. First, there is the issue of the cause(s) of nullity, i.e. what types of events would cause the resolution to lose its validity. Second, there is the problem concerning the effects of nullity, i.e. is it possible for a null and void resolution to have legal effects; is it possible to validate null and void resolution? Another issue concerns the applicable procedure for the declaration of nullity. In this context, a new question arises: whether member states or the organization itself have the competence to question the resolution? These issues are at the core of the discussion presented in this article.
2

VPLYV ŠTÁTNEJ SPRÁVY NA FUNGOVANIE ČINNOSTI VEREJNEJ SPRÁVY (HABILITAČNÁ PREDNÁŠKA)

75%
Vačok J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2015
|
vol. 98
|
issue 5
425 – 434
EN
The lecture is focused on the relationship between state administration, self-government and so-called other public administration. The author points out that on the one hand, from a theoretical meaning public administration consists of three relatively independent components which are built especially in the case of selfgovernment on the principle of decentralization. On the other hand state administration maintains its dominant position. The influence of state to the components of public administration mentioned above is demonstrated in three areas. The first area is devoted to the specifics of the position of central state administration bodies in relation not only to the government but also to the self-government and other public administration. Within the second area the author points out concrete interferences of the state to the activities of self-government and other public administration through the bodies of state administration. In the third area, the author analyzes damoage compensation for the performance of public administration by Act No. 514/2003 Coll. on liability for damage caused by performing of public power and amending certain acts as amended. The lecture is completed with the conclusion in which the views and proposals of the author are formulated.
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