AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUC Iuridica) is a legal journal published since 1955, which presents longer essays as well as short articles on topics relevant for legal theory and international, European and Czech law. It also publishes works concerning current legislative problems.

Although intended primarily for domestic audience, AUC Iuridica is useful also for foreign experts, who can take advantage of summaries in foreign languages (English, German and French) and key words, which are systematically added to the main articles and essays.

The published articles are subject to peer reviews. If necessary, reviewed texts are sent back to the author for revision.

AUC Iuridica accepts contributions from any contributor on any current legal topic.

The journal is registered in the Czech National Bibliography (kept by the National Library of the Czech Republic) and in the Index to Foreign Legal Periodicals (kept by the American Association of Law Libraries).

The journal is archived in Portico.

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We are pleased to inform you that the journal Acta Universitatis Carolinae Iuridica was the first journal of the Faculty of Law of Charles University to be included in the prestigious international database SCOPUS. This Elsevier database is the largest abstract and citation database of peer-reviewed literature in the world. The editors of the journal expect from the inclusion in the elite SCOPUS database not only an increase in the readership of the journal, but also an increase in interest in the publication of papers by both Czech and foreign authors.

AUC IURIDICA, Vol 57 No 1 (2011), 25–45

Vnitrostátní účinky směrnic EU

[Effects of EU Directives in EU Member States]

Richard Král

published online: 04. 02. 2015

abstract

Effects of EU Directives in EU Member States The article deals with several issues concerning effects of EU directives in the legal order of EU Member States. Firstly, the article provides classification of various effects of EU directives in the Member States. In this respect three categories of effects are distinguished. Effects of EU directives before the expiration of transposition deadline, effects of EU directives when the transposition deadline expires in vain and effects of EU directives after their proper transposition. Secondly, the article analyses some recent questionable developments especially in the area of direct effect of improperly transposed directives. In this respect controversial implication of Mangold and Kücükdeveci cases are scrutinized. Also, in this respect the Delena Wells limits of invocability of EU directives in triangular situations are questioned. Thirdly, the article deals with topical issue, whether constant push of EC J on enhancement of “effet utile” of the EU directives is still compatible with the principle of legal certainty. It is submitted in this respect that EC J should review its present expansionary and to certain degree incoherent and ambiguous approach to the effects of EU directives. EC J should adopt less expansionary, more coherent and clearer approach to these effects. Concerning future developments of these effects EC J should find better balance between effet utile principle and principle of legal certainty.

keywords: EU directives; classification of effects of EU directives; triangular situations; Wells judgment; Mangold judgment; legal certainty směrnice EU; kategorizace účinků směrnic EU; triangulární situace; rozsudek Wells; rozsudek Mangold; právní jistota

Creative Commons License
Vnitrostátní účinky směrnic EU is licensed under a Creative Commons Attribution 4.0 International License.

230 x 157 mm
periodicity: 4 x per year
print price: 65 czk
ISSN: 0323-0619
E-ISSN: 2336-6478

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