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@article{1379113, author = {Špottová, Kristina}, article_number = {1}, language = {eng}, issn = {2156-6992}, journal = {International Journal of Multidisciplinary Thought}, title = {The Negative Europeanization in the Judiciary}, url = {https://www.researchgate.net/publication/316510904_THE_NEGATIVE_EUROPEANIZATION_IN_THE_JUDICIARY}, volume = {6}, year = {2017} }
TY - JOUR ID - 1379113 AU - Špottová, Kristina PY - 2017 TI - The Negative Europeanization in the Judiciary JF - International Journal of Multidisciplinary Thought VL - 6 IS - 1 SP - 277–290 EP - 277–290 SN - 21566992 UR - https://www.researchgate.net/publication/316510904_THE_NEGATIVE_EUROPEANIZATION_IN_THE_JUDICIARY N2 - The text provides a detailed analysis of the certain effect of the Europeanization in the judiciary called “the negative Europeanization”. The term itself characterises the nature of the change which is divergent (not convergent). The result of the processes of Europeanization is that the actor (i.e. subject of the Europeanization) changes its nature (behaviour etc.) so it becomes more different from the pattern that is transferred through the Europeanization. In the judiciary is the negative Europeanization present in both procedure (a choice not to ask a preliminary question) and content (disrespect to the decisions of the Court of Justice of the EU). The presented theory is demonstrated on the series of judgements of the Constitutional Court and the Supreme Administrative Court of the Czech Republic in the notorious saga called “Slovak pensions”, where the Czech Constitutional Court “rebelled” against the decision of the Court of Justice of the EU. ER -
ŠPOTTOVÁ, Kristina. The Negative Europeanization in the Judiciary. \textit{International Journal of Multidisciplinary Thought}. 2017, vol.~6, No~1, p.~277–290. ISSN~2156-6992.
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