Nový postup EU pro posílení právního státu

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Title in English	EU Framework to Strengthen the Rule of Law
Authors	SEHNÁLEK David
Year of publication	2016
Type	Article in Periodical
Magazine / Source	Časopis pro právní vědu a praxi
MU Faculty or unit	Faculty of Law
Citation
Web	Open access časopisu
Field	Law sciences
Keywords	Rule of Law; Enforcement Procedures; Commission; Infringement
Attached files	Separat-CPVP_2016_2-Sehnalek.pdf
Description	The article describes and analyzes new EU framework to strengthen the rule of Law. This mechanism is compared to the other current infringement proceedings. Legal as well as political question are addressed. The problem is that the Commission proposal may cause a de facto shift in competences that have been transferred to the European Union. In addition to that, the Commission, as a political organ, shall not solve problems of judicial character. The mechanism also does not contribute to the legal certainty and prohibition of arbitrariness of the executive powers since it does not clarify existing rules, but rather extends them beyond the original intention of Member states.