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The Question of Public Participation in the Procedure for Authentic Interpretation of Laws

100%
Struić G.
Review of European and Comparative Law
|
2021
|
vol. 44
|
issue 1
127-154
EN
Authentic interpretation of laws is an interpretation of legal provisions that, due to their lack of clarity or misinterpretation in their application, is provided by the parliament. Unlike the legislative procedure, which is conducted, as a rule, in two (exceptionally three) readings, a proposal for giving an authentic interpretation is discussed in one reading. Starting from the understandings of some authors that the act of authentic interpretation of laws is contrary to the principle of democratic pluralism, and that it lacks the necessary level of democratic control and citizen participation, the author examines whether the Croatian parliamentary law enables public participation in the procedure for authentic interpretation of laws and, if so, what legal instruments can be used to implement it in parliamentary practice. To this end, the paper analyzes several relevant constitutional, legal, and procedural provisions of the Croatian parliamentary law, with reference to a parliamentary practice. Given the fact that the procedure for authentic interpretation in the Republic of Croatia, the Republic of Northern Macedonia, the Republic of Slovenia and the Republic of Serbia is regulated in a similar way by the rules of procedure of their respective parliaments, the relevant regulations of the latter three countries on the possibility of public participation in this procedure are analyzed as well. It was concluded that Croatian parliamentary law enables public participation in the procedure for authentic interpretation, through the instruments of petition, information and involvement in working groups and working bodies, and the same instruments, with certain specifics, are recognized in the parliamentary law of the latter three countries.
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Rola Papieskiej Rady ds. Interpretacji Tekstów Prawnych w stosowaniu prawa kanonicznego

75%
Bołtromiuk E.
Kościół i Prawo
|
2012
|
issue 1(14)
39-46
EN
Ecclesiastical law interpretation has significant meaning in law application. The most important function of the Pontifical Council for Legislative Texts is an authentic interpretation. The Author explains what the interpretation and authentic interpretation is. According to the can. 16 § 1, the legislator authentically interprets laws as does the one to whom the same legislator has entrusted this power. The Pontifical Council for Legislative Texts is competent to public authentic interpretations confirmed by pontifical authority. Activity of the Pontifical Council for Legislative Texts means how dynamic canon law is. On the other side, this Pontifical Council activity is indispensable due to the technological progression.
3

Kompetencje Papieskiej Rady Tekstów Prawnych

63%
Romanko A.
Roczniki Nauk Prawnych
|
2013
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vol. 23
|
issue 1
93-109
EN
The paper discusses the problem of the competences of the Pontifical Council for Legislative Texts. At the beginning, the author shows the meaning of ‘competence’ - both in general and in law - as an authorization and particular conduct. Then, there are shown four competences of the Pontifical Council for Legislative Texts according to the apostolic Constitution Pastor bonus. Its main function is to interpret the laws of the Church. The Council publishes authentic interpretations which are confirmed by pontifical authority. Secondly, the Council assists the Roman dicasteries to ensure that general executory decrees and instructions are in conformity with the prescriptions of the law. Thirdly, the Pontifical Council determines whether particular laws and general decrees are in agreement or not with the universal laws of the Church. The last competence of the Pontifical Council - juridical one - is to determine at the request of those interested whether particular law is in agreement with the universal law of the Church.
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