Mezinárodní soft law jako koncept v judikatuře správních soudů

in Jurisprudence (2022), (5), 1-10

International soft law as a concept encompasses a large number of diverse international acts that are not legally binding but still are capable to produce legal effects. For national courts, international ... [more ▼]

International soft law as a concept encompasses a large number of diverse international acts that are not legally binding but still are capable to produce legal effects. For national courts, international soft law presents a foreign element because it is adopted beyond the state and it defies the traditional binary concept of law, according to which legal norms are binding, otherwise they are not law. Nevertheless, this foreign element finds its way into the decision-making of Czech administrative courts. The article maps how and in which situations the administrative courts work with the concept of soft law and what consequences they draw from soft law. [less ▲]

Kontrola a soudní přezkum obecných pokynů a doporučení vydávaných Evropskými orgány dohledu

in Právní rozhledy (2022), (9), 305-342

The European Supervisory Authorities present an example of EU agencies that have been empowered to issue soft law acts in order to ensure uniform interpretation and uniform application of legally binding ... [more ▼]

The European Supervisory Authorities present an example of EU agencies that have been empowered to issue soft law acts in order to ensure uniform interpretation and uniform application of legally binding EU rules in the area of ​​financial regulation. Each of these bodies has a clearly defined set of rules to which it can issue soft law, and any deviation from this set of rules is a sign of exceeding powers. Therefore, it is necessary to control whether the European Supervisory Authorities do not exceed the limits of their powers when issuing soft law and whether the content of a particular soft law act is not contrary to binding rules. However, control mechanisms at the EU level appear to be insufficient. Administrative control is bound by somewhat unfortunate rules, which tend to hinder the actual assessment. Judicial review by the Court of Justice of the EU is possible, but only in preliminary ruling procedure, which is not a very effective alternative to direct actions, in which the case law of the CJEU does not allow for an assessment of the legality of EU soft law. [less ▲]

Judicial review of EU soft law: a revolutionary step which has not fully happened (Case note on BT v. Balgarska Narodna Banka, C-501/18)

in Revista General de Derecho Europeo (2021), (55),

In the judgment in case BT v Balgarska Narodna Banka, the Court of Justice of the EU declared, for the first time, invalid a part of a legally non-binding EU act – a recommendation adopted by the European ... [more ▼]

In the judgment in case BT v Balgarska Narodna Banka, the Court of Justice of the EU declared, for the first time, invalid a part of a legally non-binding EU act – a recommendation adopted by the European Banking Authority and addressed to the Bulgarian National Bank. It also confirmed that the referring court deciding upon damages has a duty to take such a recommendation into consideration. Moreover, the individuals in the national proceedings should have a right to rely upon the content of the recommendation even if they are not addressees of such an act. However, when assessed in more detail, the case points out to several interesting aspects related to EU soft law that have not been properly discussed yet. [less ▲]

Soft law v době pandemie COVID-19: Efektivita namísto legitimity?

in Janovec, Michal; Malý, Jan; Šíp, Josef (Eds.) et al COFOLA 2021 Sborník příspěvků mladých právníků, doktorandů a právních vědců. Část 4 (2021)

Abstract The COVID-19 pandemic gave rise to a wave of adoption of soft law at EU level. As a regulatory tool, soft law is associated with greater efficiency, because it can be adopted without the ... [more ▼]

Abstract The COVID-19 pandemic gave rise to a wave of adoption of soft law at EU level. As a regulatory tool, soft law is associated with greater efficiency, because it can be adopted without the necessity to respect complex procedural rules. In addition, it is not binding and it leaves it to its addressees to adapt according to their needs and possibilities. On the other hand, it raises questions about legitimacy, competences and control. The paper identifies the problematic aspects of EU soft law and explains why the current crisis represents an opportunity to address them. [less ▲]

Economics in Judicial Decision-Making: Four Types of Situations Where Judges May Apply Economics

in Cserne, Peter; Esposito, Fabrizio (Eds.) Economics in Legal Reasoning (2020)