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Koncepcje implementacji prawa pochodnego

100%
EN
Due to the serious deficiencies in the literature, it is important to clarify what is the implementation of European legislation in member states law systems. Elementary terms like“transposition” and “implementation” should be defined and placed in one comprehensive model of implementation. The first part of this study consists issues related to the functioning of terminological concepts: “transposition” and “implementation”. Then there is made reference to the doctrinal concepts of implementation. In the last part of the study I suggest coherent and comprehensive description of the implementation of the EU secondary law. As the most suitable to describe the process of implementation presented is the Advocate General L.A. Geelhoed concept, which distinguishes two main phases of the implementation process: 1) the transposition phase (which includes: the normative aspect and the organizational aspect); 2) the operational phase. This concept determines that the implementation is a complex process involving: passing, application and enforcement of the law and thus characterized by signifi cant dynamics.
EN
Employing a comparative method, the present study explores the Renaissance expression of Jozef Ciller’s Shakespearean scenographies. Based on an analysis of preserved archival material (scenographic proposals, photographs from productions, video recordings, reviews, etc.) and personal communication with Jozef Ciller, the author examines how he transposed general features of European Renaissance (visual arts, architecture) into individual scenographic solutions. The author’s analysis also aims to identify how Ciller worked with the architecture and scenography of Elizabethan theatre Renaissance and observe his work with Renaissance elements depending on whether a scenography was meant for indoors or outdoors. The author concludes that Jozef Ciller employs Renaissance elements as motifs to preserve the awareness of man’s Renaissance spirit and greatness.
World Literature Studies
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2019
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vol. 11
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issue 3
80 – 88
EN
In comparing the literary sign and its cinematic adaptation, it is appropriate to apply the term resonance and reciprocal relationship, particularly when the individual artefacts (both literary and film) become a mutually illuminating meta-sign and interpretative key, standing not only in a genetic, but also in a complementary and dialogical relationship. In the context of Imre Kertész’s novel Fatelessness (Sorstalanság, 1975) it is important to consider not only the narrative perspective in the text and the film (Sorstalanság, 2005, directed by Lajos Koltai), but also its outcome in the paradox of the possibility of the existence of happiness and other anthropological categories in the conditions of humanity after the Holocaust. Thus, the main subject of reflection is the relation between the narrative and expressive strategy and the anthropological category. Another subject of reflection is the aesthetic overlap of this relationship. László Krasznahorkai’s novel S a t a n’s tango (Sátántángo, 1985) has a typologically different narrator and its film adaptation (Sátántángo, 1994, directed by Béla Tarr) has a more pronounced tendency to autonomy and artificiality. Interpretative impulses exist not only between the literary text and its film adaptation, but also in different texts, associated with a certain semantic category and figures of the semiotic systems. The study analyses the relationships of these artefacts, indicated by an interpretative matrix, in which the presentation of the everyday presence of the apocalypse (Kertész and Koltai) is confronted with the apocalypse of everyday life (Krasznahorkai and Tarr).
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TRANSPOZÍCIA V NOVÝCH ČLENSKÝCH KRAJINÁCH EÚ

75%
EN
Annually, each member state has to pass a number of domestic legislation transposing EU directives into national legal system. The extent of timely and correct enforcement of EU laws influences the operation of the Single European Market. Despite this fact there are enormous differences between the member countries in the way how they fulfil their transposition obligations. Some governments are doing well, some are lagging behind. The study looks at the analyses of timely and correct transposition in six new member states: Czech Republic, Estonia, Hungary, Poland, Slovakia and Slovenia. The study looks at various factors derived from the theories of goodness of (mis)fit, political preferences, administrative capacity and world of compliance to explain the variation in transposition performance.
EN
In legislative technique of the European Union, the correlation tables are used to demonstrate compliance of content, or to simplify orientation, for example between „old“ and new treaties, or between former and new legislation. The correlation table in the Slovak Republic is worked up by drafting of legislation at the level of Slovak Government, if the draft legislation is to transpose a Directive, the exact form of correlation tables is determined Legislative Rules of the Slovak Government. The necessity of the existence of correlation tables of transposition measures with EU law can be derived from the obligation of loyalty of a Member State of the European Union, as well as the related case law of the Court of Justice of the European Union, which refers to the obligation to provide the Commission with information that is clear, precise and clearly identifies those laws and regulations, which the Member State considers that they have satisfied the various obligations imposed on him by the Directive. Failure to comply with the notification obligation of the Member States, whether by providing no information, or insufficiently clear or insufficiently precise information, may of itself justify a procedure under Article 258 of the Treaty on the Functioning of the European Union. Similarly, the addressee of the legal norm needs to know that the norm has EU origin to be able to know the specific effects of the norm. From the point of view of the European Commission we are talking about the facilitation of checking of compliance with the transposition obligations of the Member States and in view of the addressees of legal norms we are talking about orientation certainty and recognizability of the legal system. In this context, it appears as a lack that there is no systematic centralized database of correlation tables, which is accessible to the public and no obligation to produce a consolidated version of correlation tables, which reflect the changes in transposition measures discussed in the National Council of the Slovak Republic. Legal certainty is undermined also by the fact that the correlation tables are not prepared by implementing the regulations of the European Union.
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