The effectiveness and application of EU and EEA law in national courts : principles of consistent interpretation / edited by Christian N.K. Franklin.

Format:

Book

Contributor:

Franklin, Christian N. K., 1976- editor.

Language:

English

Subjects (All):

Law--European Union countries.

Law.

European Union countries.

Law--European Economic Community countries.

European Economic Community countries.

Court of Justice of the European Union.

EFTA Court.

Physical Description:

1 online resource (xlvi, 531 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Intersentia, 2018.

System Details:

text file

PDF

Summary:

In the current decentralised system of European Union (EU) and European Economic Area (EEA) law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the Court of Justice of the European Union (CJEU) and the European Free Trade Association Court (EFTA Court) have established and developed the key mechanism for doing so - namely the principle of consistent interpretation. Yet the principle's scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice. Adopting an ambitious and consistent approach, contributors from 12 European states therefore examine the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. The findings further touch on a broader range of issues, providing the reader with insights into the cooperative dialogue between European and national courts more generally. The Effectiveness and Application of EU and EEA Law in National Courts will be of interest to academics, students, EU/EEA/EFTA and national institutional actors, judges, practitioners, and anyone interested in gaining unique insights into the workings of EU and EEA law and culture in practice. Christian N.K. Franklin (edition) is Professor of Law at the University of Bergen, specialising in EU and EEA law. He is Joint Manager of the Bergen Law Faculty's Research Group for Competition and Market Law and an Associate of the Bergen Centre for Competition Law and Economics (BECCLE).

Contents:

Synthesis p. 1 / Christian N.K. Franklin

2 Objectives, Methodological Approach and Context p. 3

3 Reception and Understanding of the Concept of Consistent Interpretation p. 12

4 Reception and Understanding of the Principle's Scope and Criteria for Application p. 29

5 Reception and Understanding of the Limits to the Principle of Consistent Interpretation p. 50

6 A Few Final Observations by Way of Conclusion - and Looking Ahead p. 67

The Netherlands p. 71 / Judit Altena-Davidsen

2 Consistent Interpretation - A Theoretical Perspective p. 75

3 The Dutch Supreme Court's Approach to Consistent Interpretation p. 79

4 The Limits to Consistent Interpretation in Dutch Case-Law p. 88

5 Consistent Interpretation in the Netherlands - More Influence of EU Law on Interpretation, Less Discretion for Courts p. 99

Germany p. 101 / Nils Grosche

3 Effectiveness and Application of EU Law in German Courts p. 114

France p. 149 / Vincent Couronne

2 Embracing Consistent Interpretation p. 152

3 Generally Accepted Rule of Interpretation p. 155

4 Reasonably Acceptable Limits p. 166

Italy p. 177 / Tatiana Guarnier and Elisabetta Lamarque

2 The "European Clauses" in the Italian Constitution p. 180

3 European Dimension and Constitutional Identities p. 183

4 The Bridging Role Played by the Italian Constitutional Court p. 191

5 The Foundations of the Duty of Consistent Interpretation in the Italian Legal System p. 194

6 The Logical Limit of Consistent Interpretation p. 198

7 Interpretation in Conformity with EU Law in Constitutional Case-Law p. 202

8 The Case-Law of the Italian Courts and Interpretation in Conformity with EU Law p. 204

United Kingdom p. 213 / Sara Drake

2 The UK and its Constitutional Setting p. 220

3 The Application of the Principle of Consistent Interpretation in the UK Courts p. 226

4 The Scope of the Duty of Consistent Interpretation in the UK Courts p. 233

5 The Effectiveness of the Principle of Consistent Interpretation in the UK Courts p. 248

Denmark p. 257 / Christina D. Tvarnø and Grith Skovgaard Ølykke

2 The Danish Legal System p. 258

3 Methodology for the Empirical Part of the Contribution p. 264

4 Danish Practice on EU-Consistent Interpretation p. 265

5 Preliminary References - The EU Perspective on the Use of Consistent Interpretation in Denmark p. 271

Finland p. 291 / Samuli Miettinen

2 Notes on the Data p. 292

3 Finland and European Integration in a Historical and Constitutional Perspective p. 293

4 Perceptions of the Finnish Courts' Approach to Doctrines of EU Law p. 296

5 Conforming Interpretation in Finnish Courts According to Legal Writing p. 298

6 Conforming Interpretation Explained in Finnish Textbooks p. 300

7 The Concept of Conforming Interpretation in Leading Finnish Cases p. 300

8 General Findings p. 304

9 Limits to the Principle of Consistent Interpretation p. 312

Norway p. 317 / Christian N.K. Franklin

2 Method and Background p. 318

3 Reception and Understanding of the Principle of Consistent Interpretation p. 322

4 Understanding of the Principle's Scope and Criteria for Application p. 332

5 Limits to Consistent Interpretations in the Practice of the Norwegian Courts p. 354

Iceland p. 363 / Gunnar Thor Petursson and Omar Berg Runarsson

2 The Scope, Material and Methodology of the Contribution p. 365

3 The General Constitutional Framework and Status of EEA Law in Iceland p. 367

4 The Supreme Court's View on Protocol 35 and Article 3 of the EEA Act p. 374

5 Icelandic Courts and the Advisory Opinions of the EFTA Court p. 385

6 Substantive Analysis of the Case-Law and Main Statistical Outcome p. 389

Slovenia p. 411 / Saša Zagorc and Mohor Fajdiga

1 Background Information and the Institutional Setting p. 412

2 The Principle of Primacy of EU Law p. 415

3 Judicial Dialogue with the Court of Justice of the European Union p. 419

4 Conceptual Basis p. 423

5 General Scope of Application p. 431

6 Limits to the Principle of Consistent Interpretation p. 436

Poland p. 451 / Malgorzata Cyndecka

3 The Conceptual Basis for the Obligation to Perform Consistent Interpretation p. 479

4 The Status of Preparatory Legislative Works in the Polish Legal System p. 490

5 Limits to the Principle of Consistent Interpretation p. 492

Cyprus p. 495 / Stéphanie Laulhé Shaelou and Katerina Kalaitzaki

1 The Birth of the Cypriot Constitutional Legal Order p. 495

2 National Compliance with International Law and Constitutional Rules on International Organisations p. 497

3 Court Structure and Legal Tradition in Cyprus p. 504

4 The Duty of Harmonious Interpretation in Cypriot Case-Law p. 514.

Notes:

Title from publisher's bibliographic system (viewed on 18 Feb 2019).

Other Format:

Print version:

ISBN:

9781780688022

Access Restriction:

Restricted for use by site license.