References of "Právní rozhledy"
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See detailKontrola a soudní přezkum obecných pokynů a doporučení vydávaných Evropskými orgány dohledu
Hubkova, Pavlina UL

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 ▲]

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See detailSoft law Evropských orgánů dohledu: nezávazné unijní akty se závaznými vnitrostátními účinky
Hubkova, Pavlina UL

in Právní rozhledy (2021), 29(17), 573-583

In the EU, some tasks in the area of financial regulation were delegated to the European Supervisory Authorities (ESAs). These EU agencies are empowered, among others, to issue guidelines and ... [more ▼]

In the EU, some tasks in the area of financial regulation were delegated to the European Supervisory Authorities (ESAs). These EU agencies are empowered, among others, to issue guidelines and recommendations, i. e. soft law acts. From the Union's point of view, these acts are not legally binding. However, in the Czech context and mainly due to their enforcement by the Czech National Bank (CNB), these acts become practically binding for their main addressees - financial institutions. Such a setting demonstrates how multilevel regulation and enforcement in the EU work. The article analyses the Czech regulatory context and the practice of the CNB in order to show that ESA soft law acts may be genuine soft law in the relation between the EU and the Member States, but they are capable to induce binding legal effects on the national level when the national competent authority decides, within its discretion, to comply with them. Based on this analysis, the article also addresses issues related to the control and possible judicial review of ESA soft law. [less ▲]

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