ŠPOTTOVÁ, Kristina. The Negative Europeanization in the Judiciary. International Journal of Multidisciplinary Thought. 2017, vol. 6, No 1, p. 277–290. ISSN 2156-6992.
Other formats:   BibTeX LaTeX RIS
Basic information
Original name The Negative Europeanization in the Judiciary
Name in Czech Negativní evropeizace v soudnictví
Authors ŠPOTTOVÁ, Kristina.
Edition International Journal of Multidisciplinary Thought, 2017, 2156-6992.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50500 5.5 Law
Country of publisher United States of America
Confidentiality degree is not subject to a state or trade secret
WWW URL URL
Organization unit Faculty of Law
Tags International impact, Reviewed
Changed by Changed by: Mgr. Petra Georgala, učo 32967. Changed: 13/6/2022 10:10.
Abstract
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.
PrintDisplayed: 6/8/2024 10:24