K33 - International LawReturn

On the two examples from the practice between years 2012-2013 is in the article demonstrated controversial access of administrative bodies in the Czech Republic, the general courtsand the Constitutional Court of the Czech Republic to their duties and the enforcement of EU law. By the description and analysis of the circumstances of these cases, the author points out the difficult issue of the impact of the preferential rights of EU compared to the national law of the Czech Republic and in fact also against broader national interests. Although theEU law has the right to operate widely and effectively in favor of the consumers, there are many power ways how to eliminate the impact of EU law to national law. It is difficult and challenging to face to these aproaches in practice and to achieve their elimination when they have support and sometimes probably a cause of hidden interests of courts and administrative bodies.

The Lisbon Treaty has carried out an exact and systematic classification of decision procedures in the legislative area. It distinguishes two kinds of mutual interaction of the most important EU organs in adopting legislative acts of the Union: the ordinary legislative procedure (OLP) and the special legislative procedure (SLP). While the OLP has only one firmly set form, the SLP has in total four concrete forms, depending on whether the Council decides by a qualified majority or unanimously, and whether the European Parliament (EP), is engaged in the decision-making merely on the basis of unbinding consultation or there is unconditionally required its consent for the adoption of the legislative proposal. There frequently occurs an opinion that the SLP is being applied in areas where member states have been unable to agree on the application of majority decision-making, i.e. on the abolition of the possibility of veto from the part of any of them. The article brings forth a certain discussion about a situation when the application of the SLP means the exclusion of all supranational elements from decision-making and when on the contrary, it can signify their certain strengthening in comparison with the OLP.

Directive 2011/83/EU on Consumer Rights opened a new scenario applying the principle of full harmonization. The goal is to create a true internal market and improve its functioning by simplifying to entrepreneurs the expansion of international trade and the international shopping to consumers. In addition to this harmonization the directive brings two novelties to motivate consumers purchasing from abroad: consumers will be better informed about their rights, and at the same time will be simplified the conditions for withdrawal. It is questionable, whether if due to these advantages for consumers arises as an opposite problem inequity between the parties. In this context it would be useful to clarify the nature of the dealer in consumer contracts to avoid confusing the consumer about who is dealing with in a unite market, and thus to achieve effectively the goals quoted.

This paper assesses the impact of the Lisbon Treaty reform of the EU foreign policy on the actorness of the EU. It is because Europe as a global actor is one of the principal issues of the Treaty of Lisbon. Owing to a growing role of the EU in the world politics, the actorness of the EU has been an issue for the European studies as well as for the international relations theories in past few years. Therefore, this paper analyses the prospective contribution of the newly created post of the High Representative of the Union for the foreign affairs and security policy, newly established European External Action Service, in brief also of the introduction of single legal personality of the EU and the possibility of reinforced cooperation amongst a smaller group of Member States within the Common security and Defence policy to enhancing the EU's role as a global actor in the field of foreign policy. The analysis draws upon the criteria set by the theories of actorness, first introduced in the 1970's.