The review of one Czech court´s decision: are we more European than the European union itself?
| Authors | |
|---|---|
| Year of publication | 2008 |
| Type | Article in Proceedings |
| Conference | Dny práva 2008 Days of Law |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | Direct effect; indirect effect; directive; implementation of a directive; duty to interpret national law in accordance with the EC law |
| Description | 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 |