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Dwa modele wykładni prounijnej

100%
Koszowski M.
Studia Europejskie-Studies in European Affairs
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2012
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issue 3
95-110
EN
The article addresses the issue of the interpretation of national law in conformity with the law of the European Union. Specifically, the aim of the article is to elucidate how, in specific instances, this type of interpretation proceeds, i.e. to reveal the mode according to which a national court and official should interpret national provisions in order to assure that they conform to the requirements of EU law. Thus, two theoretical models of conforming interpretation have been distinguished. The first, which is deemed to be typical of Polish scholars, is based on the concept of a final norm (a norm devoted to the facts of a pending case), or, actually, two norms: one stemming from EU law and the second from national laws. The former takes precedence over the latter, becoming the basis for a decision in the case sub judice, inasmuch as this does not lead to excessive interference of EU law in the national legal system. The second model has been proposed by the Author, who called it ‘the model of the harmonisation of contexts’ or of a ‘single sack’. Here, the construction of national laws in conformity with EU law is done without the participation of any norms, whether general or individual. A national court (official) takes into account factors which influence the application of the national law in specific instances and, at the same time, factors which influence the application of relevant provisions of EU laws – as it would happen in the ‘single sack’ – so far as they do not interfere in the national legal order too much. The first model, at least in theory, is able to provide the EU law with the maximum efficacy and unity. However, national courts and officials may find it difficult to use it in practice. The second model is far more convenient from the perspective of judicial application at the national level, but it does not guarantee full conformity of the law of the Member States with EU law, even in case when that conformity is possible in terms of the limits set for conforming interpretation.
2
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EFFECTS OF IRREGULARITIES IN SMALL ORDERS WITHIN STRUCTURAL FUNDS (Skutki nieprawidlowosci w 'malych' zamowieniach w ramach funduszy strukturalnych)

80%
Piwowarczyk A.
Kontrola Państwowa
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2012
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vol. 57
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issue 2(343)
109-116
EN
The Act on Public Procurement is not applied for orders and competitions whose value does not exceed an equivalent of the amount of 14,000 Euros in the Polish zlotys, referred to as small orders. The lack of clear regulations in the national law does not mean that the ordering party is exempt from the obligation to obey the provisions of the Treaty on the Functioning of the European Union. The author discusses the norms and rules for granting small orders, taking account of the requirements that beneficiaries of Structural Funds must meet. She also presents potential sanctions for irregularities. The article is aimed at showing that they can result in a financial correction, also in the case of orders that are not included in the Act on Public Procurement.
3

VYLÚČENIE RETROAKTIVITY VO VZŤAHU K AMNESTII?

70%
Vršanský P.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2017
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vol. 100
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issue 1
4 – 15
EN
The article aims at contributing to the current expert discussion that considers different ways how to derogate the amnesties proclaimed by the President of the Slovak Republic. Different stances exist with regard the issue under consideration: coherence with the international law, violation of international obligations by the Slovak republic, the non-retroactivity issue. The international law acknowledges exemptions from the non-retroactivity principle with regard to treaties. Was it possible to explore per analogiam the international law experience with respect to amnesties derogation? Priority of the international obligations is in force with respect to the Slovak republic to the domestic law regulations.
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