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One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts

Agata B Capik
Martin Petschko

Puni tekst: engleski, pdf (256 KB) str. 61-76 preuzimanja: 527* citiraj
APA 6th Edition
B Capik, A. i Petschko, M. (2013). One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts. Croatian Yearbook of European Law & Policy, 9 (1), 61-76. Preuzeto s https://hrcak.srce.hr/114179
MLA 8th Edition
B Capik, Agata i Martin Petschko. "One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts." Croatian Yearbook of European Law & Policy, vol. 9, br. 1, 2013, str. 61-76. https://hrcak.srce.hr/114179. Citirano 09.08.2020.
Chicago 17th Edition
B Capik, Agata i Martin Petschko. "One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts." Croatian Yearbook of European Law & Policy 9, br. 1 (2013): 61-76. https://hrcak.srce.hr/114179
Harvard
B Capik, A., i Petschko, M. (2013). 'One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts', Croatian Yearbook of European Law & Policy, 9(1), str. 61-76. Preuzeto s: https://hrcak.srce.hr/114179 (Datum pristupa: 09.08.2020.)
Vancouver
B Capik A, Petschko M. One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts. Croatian Yearbook of European Law & Policy [Internet]. 2013 [pristupljeno 09.08.2020.];9(1):61-76. Dostupno na: https://hrcak.srce.hr/114179
IEEE
A. B Capik i M. Petschko, "One Says the Things Which One Feels the Need to Say, and Which the Other Will Not Understand: Slovak Pension Cases Before the CJEU and Czech Courts", Croatian Yearbook of European Law & Policy, vol.9, br. 1, str. 61-76, 2013. [Online]. Dostupno na: https://hrcak.srce.hr/114179. [Citirano: 09.08.2020.]

Sažetak
In a spectacular decision, in 2012 the Czech Constitutional Court declared the Landtová judgment of the CJEU ultra vires and therefore inapplicable on the territory of that Member State. The CJEU’s judgment was rendered following a request for a preliminary ruling by the Czech Supreme Administrative Court. The real and underlying conflict, however, was of an internal nature and took place between two of the highest courts of the Czech Republic well into 2013, making it an illustrative example of how the mechanisms of judicial dialogue actually work in practice. This contribution first looks at both the horizontal and vertical aspects of the so-called Slovak Pension Cases. It further assesses them from the perspective of judicial dialogue in its procedural and substantial features, while finally discerning possible consequences that the ultra vires decision of the Czech Constitutional Court might bring about.

Hrčak ID: 114179

URI
https://hrcak.srce.hr/114179

Posjeta: 642 *