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O organizácii, riadení a rozhodovaní
Ústavného súdu SR. Kritické poznámky k novému zákonu I.
The
Organisation, Managment and Decision-making of the Constitutional Court. The
Critical Remarks on the New Act
Prof. JUDr. Ján Mazák, PhD.,
Faculty of Law of University of Pavol Jozef Šafárik in Košice
Doc. JUDr. Martina Jánošíková, PhD., Faculty of Law of University of Pavol
Jozef Šafárik in Košice
Právny obzor, Volume 102, 2019,
No. 1,
pp. 44 – 55.
Published online: 31.8.2021
Abstract. The authors
analyse critically the second and third part of the new act on the
Constitutional Court which becomes legally binding from the 1 March 2019. Their
contribution starts with the consideration on the lack of respect towards the EU
law despite the fact that the Constitutional Court is a court who is obliged to
submit preliminary ruling questions. There are several specific problems with
the interpretation and application of the new act. The most relevant are the
decision making by a single judge and the unification of different legal
opinions of chambers of three judges of the Constitutional Court. The rest of
the interpretative difficulties concern the removal of President and
Vice-President of the Constitutional Court.
Key words: New act on
the Constitutional Court; EU law; decision-making by a single judge; unification
of different legal opinions of chambers
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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