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1

CUMULATIVE CITATION OF PUBLICATION SOURCE OF THE EC/EU LEGAL ACTS IN THE MULTILINGUAL ENVIRONMENT OF THE EUROPEAN UNION (Kumulativna citacia publikacneho zdroja pravnych aktov ES/EU v multilingualnom prostredi Europskej unie)

100%
Hodas M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 6
521-534
EN
The cumulative citation of the publication source of the EC/EU legal acts represents a specific problem of legislative technique following the accession of the Slovak Republic to the European Union. In the presented analysis the author accentuates the possibility and reasons of so-called cumulative citation of the publication source of the EC/EU legal acts, i.e. citation of the Extraordinary Edition of the Official Journal of the European Union as well as citation of the original publication source. An important reason for cumulative citation of the publication sources is the requirement for availability and information function of the sources of law. We must take into account among others the fact that the publication of a Slovak version of the EC/EU legal acts issued before the date of accession of the Slovak Republic to the European Union has not been terminated even one year following the accession and the Slovak version of the said acts is often misleading, due to the low quality of their translation. The cumulative citation simplifies the access to the required comparative interpretation of the community legal rules and hence takes into account the multilingual environment of the European Union.
2

A DIRECTIVE AS A SOURCE OF LAW (LEGAL NATURE, STRUCTURE AND TRANSPOSITION BY A MEMBER STATE) (Smernica ako pramen prava (pravna povaha, struktura a preberanie clenskym statom))

100%
Hodas M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2010
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vol. 93
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issue 2
139-155
EN
Connection of the law of the Slovak Republic to the law of the European Union is related to a large number of new conceptual issues of legislative and procedural character, that are often connected with their significant law enforcement connotations. In case of a directive it is necessary to bear in mind its specific character taking into account the principle of subsidiarity, its diplomatic character taking into account interests of the Member States and their laws and resulting vagueness to the detriment of the exactness. Last but not least, it is necessary to call attention to the accelerated mechanism of adoption of annexes to a directive, to which it is possible to react in the conditions of the Slovak republic by the transposition through an approximation regulation of government.
3

IMMUNITY OF THE DEPUTIES OF THE EUROPEAN PARLIAMENT (Imunita poslancov Europskeho parlamentu)

100%
Hodas M.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
|
issue 1
30-46
EN
The parliamentary immunity is a frequently discussed question in the democratic society. It is wrong to consider this institute as a privilege of an individual. The reason of the existence of the immunity is the interest of the society in the proper functioning of the parliament as an institution making law that must be observed by the society as a whole. This interest of the society is higher than the individual interest damaged by a sound and necessary immunity. The justified interest of an individual exceeding the interest of the society in the proper functioning of the parliament is manifested by the restriction of immunity. The legal regulation of the imunity of the European Parliament is rather complicated, obsolete and insufficient, but also inspiring. The application practice tries at least partially to remove the legal vacuum by the establishment of principles of the immunity of deputies of the European Parliament, that are aimed to interpret the vague provisions regulating the imunity or to create conditions for making of internal legal regulations on the immunity. The decision-making activity of the European Parliament and of the Court of Justice of the European Communities have a very positive influence on the matters of the immunity, that underlines the functionalistic character of the immunity.
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