AUC IURIDICA
AUC IURIDICA

Acta Universitatis Carolinae Iuridica (AUCI) is the main journal of the Faculty of Law of Charles University. It has been published since 1954 and is one of the traditional law journals with a theoretical focus.

As a general law journal, it publishes longer studies and shorter articles on any relevant issues in legal theory and international, European and national law. AUCI also publishes material relating to current legislative issues. AUCI is a peer-reviewed journal and accepts submissions from both Czech and international authors. Contributions by foreign authors are published in their original language – Slovak, English, German, French.

AUCI is a theoretical journal for questions of state and law. It is published by Charles University in Prague, Faculty of Law, through Karolinum Press. It is published four times a year, the dates of publication can be found here.

Articles published in AUCI undergo an independent peer review process, which is anonymous on both sides. Reviewers from the field give their opinion on the scientific quality of the paper and the suitability of publication in the journal. In the case of comments, the opinion is sent back to the author with the possibility of revising the text (see Guidelines for Authors – Per Review Process for more details).

The AUCI journal (ISSN 0323-0619) 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). AUCI has been assigned a periodical registration number MK E 18585.

In 2021 the journal AUCI 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.

AUCI is an open journal and all its content is published both on the faculty website and on the Karolinum Press website. Access to it is free of charge. The homepage of AUCI is on the Karolinum Press website.

The AUCI journal uses the Creative Commons license: CC BY 4.0.

Long-term archiving of the digital content of the journal is provided by Portico.

AUC IURIDICA, Vol 59 No 4 (2013), 201–230

Zakotvení pozice evropského práva ve Spojeném království

Miluše Kindlová

published online: 29. 01. 2015

abstract

The Legal Basis and Application of Eu Law in the United Kingdom The United Kingdom joined the European Communities in 1973, after two former unsuccessful attempts vetoed by France. In harmony with the UK’s dualist approach towards the relationship between treaties and domestic law, the legal basis of EC/EU law application in the UK is the European Communities Act 1972 and its later amendments. From the beginning, the cardinal issue for courts applying EC/EU law has been how to accommodate obligations stemming from this legal system, especially the respect for the principle of EC/EU law precedence over domestic law, with principles forming the doctrine of parliamentary sovereignty pursuant to which, inter alia, courts have to obey the latest expression of parliamentary will in an Act of Parliament. There are some doctrinal disagreements as to how UK courts have managed to assert the precedence of EC/EU law. Generally, their reputation of EC/EU law application has been considered high. In 2011, the European Union Act was enacted which substantially modifies the procedure of domestic control over a wide scale of decisions pursuant to the Treaty on the European Union and the Treaty on the Functioning of the European Union, which either shift the division of competences/powers in the EU or otherwise influence the position of the UK in a way considered important by the Act. The most fundamental change has been the introduction of a requirement of holding an obligatory referendum in a great number of cases and treating the consent of the electorate in the referendum as a condition for domestic approval of a particular EU related decision. The Act has come in for criticism from some commentators for its excessive use of referenda and for some other aspects, too. The impact of EC/EU law application on the doctrine of parliamentary sovereignty has been far-reaching. In the context of fundamental changes in the domestic constitution during the last decades (inter alia the adoption of the Human Rights Act 1998), it may be that the remaining principles of this doctrine face a risk of further curtailment.

keywords: United Kingdom; EU law; parliamentary sovereignty; European Communities Act 1972; European Union Act 2011 Spojené království; právo EU; parlamentní suverenita; Zákon o Evropských společenstvích z roku 1972; Zákon o Evropské unii z roku 2011

Creative Commons License
Zakotvení pozice evropského práva ve Spojeném království 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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