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od 15.4.2007
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Incorrect transposition of the universal service directive
Mgr. Milan Filípek
In 2002 a complex of directives was adopted, which shortly after its adoption became known under the title new regulatory framework of electronic communications. At present this title is no longer up-to-date, because the regulatory framework is no longer new, and therefore we shall stick to the regulatory framework title. One part of the regulatory framework is also Directive no. 2002/22/EC, on universal service obligation and on the rights of users related to networks and services of electronic communications. This article aspires at proving that the Directive on universal service obligation was not transposed to Czech legal order correctly. The article also brings an analysis of impacts of incorrect transposition of the Universal Service Directive.
Review of the constitutionality of the abolished yet still applicable laws
Mgr. Tomáš Herc
The Constitutional Court has recently for the first time granted a proposal of a common court under art. 95 par. 2 of the Constitution with regard to the proclaiming of unconstitutionality of repealed, but still applicable provision of a law. Although in the light of the up-to/now case-law this decision is not surprising, the respective proceedings as well as the effects of such decision have a number of specific points.
The Act on Constitutional Court does not distinguish between the abstract and concrete control of constitutionality and for the reviewing of constitutionality of legal regulations it specifies uniform proceedings on the abolishing of laws and other legal regulations. The described typology is thus also in Czech law only a reflection of the fact that active capacity of certain subjects for submitting proposals is conditioned by their relation to the case in question. However, this conclusion is not valid unconditionally. The Constitutional Court has in several cases considered a proposal of a common court for the review of a repealed law to be applied in a tried case. In this process it had to deal with both the question of its own competence and with the procedural steps in the case.
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