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THE GROWING IMPORTANCE OF SOFT LAW IN THE EU

Verena Rošic Feguš ; Faculty of Law University of Maribor, Slovenia

Puni tekst: engleski, pdf (182 KB) str. 145-162 preuzimanja: 481* citiraj
APA 6th Edition
Rošic Feguš, V. (2014). THE GROWING IMPORTANCE OF SOFT LAW IN THE EU. InterEULawEast, 1 (1), 145-162. Preuzeto s https://hrcak.srce.hr/123280
MLA 8th Edition
Rošic Feguš, Verena. "THE GROWING IMPORTANCE OF SOFT LAW IN THE EU." InterEULawEast, vol. 1, br. 1, 2014, str. 145-162. https://hrcak.srce.hr/123280. Citirano 03.08.2021.
Chicago 17th Edition
Rošic Feguš, Verena. "THE GROWING IMPORTANCE OF SOFT LAW IN THE EU." InterEULawEast 1, br. 1 (2014): 145-162. https://hrcak.srce.hr/123280
Harvard
Rošic Feguš, V. (2014). 'THE GROWING IMPORTANCE OF SOFT LAW IN THE EU', InterEULawEast, 1(1), str. 145-162. Preuzeto s: https://hrcak.srce.hr/123280 (Datum pristupa: 03.08.2021.)
Vancouver
Rošic Feguš V. THE GROWING IMPORTANCE OF SOFT LAW IN THE EU. InterEULawEast [Internet]. 2014 [pristupljeno 03.08.2021.];1(1):145-162. Dostupno na: https://hrcak.srce.hr/123280
IEEE
V. Rošic Feguš, "THE GROWING IMPORTANCE OF SOFT LAW IN THE EU", InterEULawEast, vol.1, br. 1, str. 145-162, 2014. [Online]. Dostupno na: https://hrcak.srce.hr/123280. [Citirano: 03.08.2021.]

Sažetak
The objective of establishing legal order sui generis that on the EU level will, due to its flexibility and differentiation, be able to effectively respond to dynamic movements of internal market as well as to globalization challenges in general, in the last two decades lead to extensive transformations of the EU legal order. One of them is growing importance of soft law instruments and subsequent differentiation of legal regulation – to traditional regulation new modes of regulation have been added (as a result of so called “new legislative culture”). Although at first when adopting the decision, the Court of the European Union denied the recognition of existence and function of soft law, later the Court gradually adapted to differentiating trend in the EU legal order and is thus nowadays recognizing the normative value of soft law in the EU. When deriving the decision the Court is considering soft law as part of legal framework (in this case soft law is used as a ground for interpretation of hard law provision or as an instrument of confi rmation of interpretation of binding law) or it recognizes self-binding and binding effect of soft law (in this case soft instrument is a substantive rule on which the decision is grounded). With such approach, to soft law normative status is conferred; the latter – despite it being on the non-binding side – is therefore having indirect legal effect and is creating indirect legal consequences.

Hrčak ID: 123280

URI
https://hrcak.srce.hr/123280

Posjeta: 763 *