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.
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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 62 No 2 (2016), 127–140
Kolize závazků plynoucích z unijního práva a mezinárodního práva
[Conflicts of Obligations from European Union Law and International Law]
Magdaléna Svobodová
published online: 11. 07. 2016
abstract
The paper focuses on three examples of conflicts of EU law and international law. First, conflict of bilateral investment agreements and EU law is analyzed, with emphasis on intra-EU BITs. The author deals with the Micula case concerning a conflict with Union state aids law. Subsequently, the Kadi case is mentioned and put into context of various opinions of courts in Europe. Finally, conflicts of EU law and the European Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed. The author summarizes relevant case law of the European Court of Human Rights, particularly the Matthews case, the Bosphorus case and the Michaud case. The author points out the conciliatory attitude of the European Court of Human Rights. Two trends are stressed in connection with the issues in question. The EU tends to promote the principle of primacy of EU law also in relation to certain international obligations of EU Member States. However, there are objections to this approach. Another trend is the reinforcement of EU competences, which might help to remove some conflicts of international obligations in the future.
keywords: conflict of treaties; intra-EU investment agreements; Kadi; UN Charter; European Convention for the Protection of Human Rights and Fundamental Freedoms kolize mezinárodních smluv; intraunijní investiční dohody; Kadi; Charta OSN; Evropská úmluva o ochraně lidských práv a základních svobod
Kolize závazků plynoucích z unijního práva a mezinárodního práva 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
