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@inproceedings{807543, author = {Sehnálek, David}, address = {Brno}, booktitle = {Dny práva 2008 Days of Law}, edition = {1. vydání}, keywords = {Direct effect; indirect effect; directive; implementation of a directive; duty to interpret national law in accordance with the EC law}, language = {eng}, location = {Brno}, isbn = {978-80-210-4733-4}, pages = {743-750}, publisher = {Tribun EU s.r.o.}, title = {The review of one Czech court´s decision: are we more European than the European union itself?}, year = {2008} }
TY - JOUR ID - 807543 AU - Sehnálek, David PY - 2008 TI - The review of one Czech court´s decision: are we more European than the European union itself? PB - Tribun EU s.r.o. CY - Brno SN - 9788021047334 KW - Direct effect KW - indirect effect KW - directive KW - implementation of a directive KW - duty to interpret national law in accordance with the EC law N2 - The author analyzes a decision of a Czech court in which referred for a preliminary ruling to ECJ with a question concerning an interpretation of a term communication to public. Consequently, in another proceeding ECJ gave its ruling on the same question. Its answer was not positive for the Czech legislator as the definition in Czech Copyright Act became different from the definition adopted by ECJ. The article analyzes this situation and possible solution of the initial proceeding at the Czech court. The question was whether a direct or indirect effect of the directive was possible in this case. The author criticizes the Czech judgment as the decision and its justification was not in compliance with established ECJs case law. However, the result itself is correct, as the Czech court also had to reflect the existence of intl. treaties which are binding on the Czech Rep. and take precedence over Czech statutes with no limits similar to those which applies in case of directives ER -
SEHNÁLEK, David. The review of one Czech court´s decision: are we more European than the European union itself? In \textit{Dny práva 2008 Days of Law}. 1. vydání. Brno: Tribun EU s.r.o., 2008, p.~743-750. ISBN~978-80-210-4733-4.
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