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ROLE OF THE EUROPEAN COURT OF JUSTICE IN THE PROCESS OF FORMATION OF LAW OF EUROPEAN COMMUNITY/EUROPEAN UNION (Postavenie Sudneho dvora v procese dotvarania prava Europskych spolocenstiev/Europskej unie)

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Durechova J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 1
29-40
EN
Particular ways of interpretation of law applied by the European Court of Justice (hereinafter referred to as 'ECJ'). Role of the ECJ in filling of the 'gaps' of European law. Judgments of the ECJ and its position and significance in the process of formation of law. Basic principles formed by the ECJ. (Un)binding judgments of the ECJ. Role of the preliminary questions and opinions of the ECJ in formation of law. Analysis of Lugano Opinion. Conclusion dealing with the significance of judgments, preliminary questions and opinions of ECJ in the process of formation of European law. Question of acceptable bounds of extensive interpretation and jurisdiction of ECJ.
2

PRÁVNA REGULÁCIA VÝKLADU PRÁVA

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Bárány E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2023
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vol. 106
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issue 5
375 – 391
EN
Interpretation of law is partially regulated by law. In Central Europe there are norms regulating the interpretation scattered in the introductory parts of codexes. In Anglo-Saxon tradition there are special law interpretation acts. There are conceptual differences in the regulation of law interpretation between these legal cultures. There is internal tension between legal regulation of law interpretation and its character of creative intellectual activity. Due to this tension the interpretation of law has to be interpreted restrictively. It binds only interpretation in the framework of the process of realisation of law but not the so called doctrinal interpretation.
3

GENERÁLNE KLAUZULY V PROCESE APLIKÁCIE PRÁVA

88%
Zavadová D.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2015
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vol. 98
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issue 4
338 – 353
EN
General clauses can be characterized as general provisions using uncertain and flexible language to regulate fundamental elements of some legal concepts. These are usually connected with a demonstrative list of the most often existing situations. A legal theory identifies several problems dealt with general clauses within the process of interpretation and following application of law. Pursuant to the same approach to application of general clauses by judicial or public bodies within the process of law application, the author divides chosen general clauses to three possible groups. The first group is represented by the general clause of unjust enrichment which bodies of law application constantly apply only as a principle. The general clauses of unfair commercial practices or unfair contract terms and the general clause of liability arising out of damage are applied independently in that cases which are not covered by special provisions. Relations between general and special provisions of this group can be explained by the rule lex specialis derogat legi generali. The last focuses on the general clauses which have an ambiguous application postition, e.g. the general clause of unfair competition or general clause of abuse the dominant position. These general clauses not only establish fundamental elements of some legal concepts but also its applying are necessary prerequisite for defining such actions as unfair or abusing by its special provisions. The above mentioned general clauses are problematic issues in the process of law application because there are doubts about the relations between general and special provisions. To eliminate these problems it is necessary to interpret them by all possible and convenient methods.
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