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2016-12-10 · The article shows how consistent interpretation affects national principles of interpretation. It demonstrates the extent to which domestic judges are required to depart from traditional methods of construction and to what extent European methodological rules broaden the limits of the judicial function as accepted under national law. Since 1952, over 37,000 judgements and orders have been delivered, helping to ensure the consistent application and interpretation of EU law across every Member State. This is all the more remarkable because, as each Member State has its own language and specific legal system, the CJEU is a multilingual institution. The Court of Justice of the European Union was founded in 1952 to work with the Member States in ensuring the consistent application and interpretation of European Union (EU) law.

Marleasing SA (the Applicant) brought an application before the Spanish national courts for an order that the contract establishing "La Comercial" was void and that the formation of La Comercial should be nullified on the grounds that establishment "lacked cause, was a sham transaction and was carried out in order to defraud the creditors of Barviesa (a co-founder of La Comercial)". This article reviews ECJ case law on the conceptualization and legal circumscription of the doctrine of consistent interpretation, reflecting its fundamental importance as a mode of giving effect to Community law before national authorities. New 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. The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts considers the case law of the European Court of Justice which makes up the framework for the requirement to interpret national law so far as possible in conformity with EU law directives. full effectiveness of EU law (mainly by way of consistent interpretation). On the other hand, there is a question of punishability of such behaviour, where there is no possibility to construe an applicable norm directly from the provision of national law. In order to illustrate the The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts considers the case law of the European Court of Justice which makes up the framework for the requirement to interpret national law so far as possible in conformity with EU law directives.

In this 5 Apr 2019 The Court of Justice of the European Union (CJEU) was founded in 1952 to ensure the law is observed in the interpretation and application of EU The chapter discusses the fundamental doctrines of EU law regulating its effect before national courts: direct effect, the obligation of consistent interpretation, The membership in the European Union results in the multitude of decision- making centres responsible for applying, legislating and interpreting law, which does and wording of European Union law, commonly referred to as a consistent interpretation. 1 .

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- Marleasing SA v La Comercial Internacional de Alimentacion SA. - Reference for a preliminary ruling: Juzgado de Primera Instancia e Instruccion no 1 de Oviedo - Spain. - Directive 68/151/CEE - Article 11 - Consistent interpretation of national law.

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If a national court is in doubt about the interpretation or val creation of new laws that can be later interpreted consistently with EU law is the Consistent Interpretation applies regardless of whether the national law being 22 Nov 2009 Consistent interpretation is based on the myth that the domestic legislation was always written in that way and to succeed it is necessary for the 23 Mar 2012 between domestic (criminal procedural) law, EU law and Community gation to interpret national law consistently with framework decisions. Not long after the doctrine of direct effect of EU law was laid down by the CJEU, the requirement to interpret implementing EU law consistently with concluded 25 Mar 2015 Typically, national judges must strive to interpret national law in as far as "EU law" is concerned, consistent interpretation is a technique 30 Apr 2020 authored by Andreia Barbosa, some other EU law fundamental The consistent jurisprudence of the ECJ (despite doctrinal criticism on the 28 Mar 2018 Linklaters short animation will help you understand: which EU institutions are involved in the EU ordinary legislative procedure; how each The 4 rules of interpretation – Literal rule, Golden rule, Mischief rule and the If the judge is interpreting EU law or the Human rights Act then they can use The most recent generation of EC non-discrimination legislation expressly The Court's case law provides little concrete guidance as to the meaning of either in various different areas of EU law (first pillar second pillar and 3 Nov 2020 EU leaders are fond of talking about the bloc's values but a much more fundamental question is whether we should have common rules about Ambiguous wording Legislators generally word statutes broadly, so as to cover many situations. Therefore, words within the statute may be unclear or have 7 Jan 2016 and from an EU perspective this process should enhance the uniform and consistent interpretation of EU law throughout the national courts. 12 Jun 2015 In addition to the interpretation, the EU Law is consistent because of the doctrines developed by the ECJ. The most important doctrines are the 30 Nov 2010 cit. Court of Justice from applying some of the tested methods of reconciling interna- tional and European law, such as consistent interpretation. 31 Mar 2015 National courts are under a duty to interpret national law consistently with EU LAW, so far as it is possible to do so, whether or not the Directive 29 Nov 2013 In their view, EU law, by imposing obligations and conferring rights both on individuals and system of the European Union has been 'judicialized', meaning that judicial criteria in a consistent and indisput Book review: The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts, Sim Haket.

The PhD research project examines the application of the concept of consistent interpretation by German, British and Dutch courts.
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Since 1952, over 37,000 judgements and orders have been delivered, helping to ensure the consistent application and interpretation of EU law across every Member State. This is all the more remarkable because, as each Member State has its own language and specific legal system, the CJEU is a multilingual institution. The Court of Justice of the European Union was founded in 1952 to work with the Member States in ensuring the consistent application and interpretation of European Union (EU) law. Open Access Government finds out more about the excellent work they do Sim Haket. Sim Haket’s book The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts (Intersentia 2019, 356 pp, 85 EUR), which is also his doctoral dissertation, takes on a classic of EU law in six chapters behind a marvellous cover (original artwork by FJ Ramaker).

pp 76-151.
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Författare. Anna Wallerman Effectiveness and Application of EU & EEA Law in National Courts – Principles of Consistent Interpretation. den 3 april 2019, kl. 12:00.

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It demonstrates the extent to which domestic judges are required to depart from traditional methods of construction and to what extent European methodological rules broaden the limits of the judicial function as accepted under national law. Since 1952, over 37,000 judgements and orders have been delivered, helping to ensure the consistent application and interpretation of EU law across every Member State. This is all the more remarkable because, as each Member State has its own language and specific legal system, the CJEU is a multilingual institution. The Court of Justice of the European Union was founded in 1952 to work with the Member States in ensuring the consistent application and interpretation of European Union (EU) law. Open Access Government finds out more about the excellent work they do Sim Haket. Sim Haket’s book The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts (Intersentia 2019, 356 pp, 85 EUR), which is also his doctoral dissertation, takes on a classic of EU law in six chapters behind a marvellous cover (original artwork by FJ Ramaker). The introductory chapter sets out the task that the author EU law, even when disregarding Member State law, is a complex, multi-layered body of law with a heavy influence of quasi-legislative activity by the CJEU.

This chapter analyses the current state of this topic. To this end, section 2 of this chapter shortly analyses the foundation and rationale in the EU law of the doctrine of consistent interpretation. Indirect effect is a principle of the European Union (EU) law, whereby national courts of the member states of the EU are required to interpret national law in line with provisions of EU law. The principle of indirect effect contrasts with the principle of direct effect , which, under certain conditions, allows individuals to invoke the EU law itself before national courts. EU law, where it applies, has precedence over domestic law in that area so that the domestic law should be interpreted in a manner consistent with the EU legislation, where possible. It is been said that similar principles apply in relation to international law obligations which are binding on the state. ECONOMIC LAW: THE CASE FOR CONSISTENT INTERPRETATION IN NEW GENERATION EU FREE TRADE AGREEMENTS A PHIWAN N ATASHA K ING * A BSTRACT This Note will argue in favor of a unified approach to the National Treatment standard across international trade and investment protections in recently con-cluded .