The principle of consistent interpretation is so widely accepted by the countries of the world, both in common law and civil law systems, that it is a legitimate question whether it is only one of the accepted canons of interpretation in national law or whether it should be considered a general rule of international law that states should act in this way.

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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 The Court of Justice of the European Union's Judgment of 28 June 2012 in Case C-7/11 Criminal proceedings against Fabio Caronna has stressed once again the general principle of EU law that the duty for national courts to interpret and apply domestic laws in a manner that is consistent with EU law (ie consistent interpretation, on the basis of art 288 TFEU) has the clear limit that it must not give rise to, … After some introductory notes about the rationale for consistent interpretation, in the first part the focus is upon the case law of the Court of Justice concerning the duty of national judges to News and comments on EU law. Tag: duty of consistent interpretation. Case C-282/10 Dominguez.

It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU 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 Buy The Eu Law Duty of Consistent Interpretation in German, Irish and Dutch Courts 01 by Haket, Sim (ISBN: 9781780688794) from Amazon's Book Store. Everyday low … The Eu Law Duty of Consistent Interpretation in German, Irish and Dutch Courts: Haket, Sim: Amazon.sg: Books 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.

Consistent interpretation has been applied by Polish courts to pre-accession cases too. In most of them the point of reference for the pro-European interpretation was the content and the aim of European Community directives (although the duty of consistent interpretation concerns also other European Union legal acts).

Book review: The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts, Sim Haket. Annan publikation. Författare. Anna Wallerman

2. Indirect effect is an interpretative tool by which individuals may use to rely on Directives against other individuals. Article 4(3) TEU -as interpreted by the ECJ National courts are under a duty to interpret national law consistently with EU LAW, so far as it is possible to … 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. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands.

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.

- Case C-106/89. 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.

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 . European Union Free Trade Agreements (“FTAs”). 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. 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)".
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Direct effect, consistent interpretation and state liability are instruments developed by the CJEU for national courts to remedy conflicts Serie: Oxford EC Law Library upplaga utkommit av denna bok som behandlar medlemstaternas implementering av EU:s direktiv. 8 Consistent Interpretation If it should be concluded that it is not possible to interpret domestic law so as to render it consonant with the eur-lex.europa.eu of Member States must not only interpret their national law in a manner consistent with those directives but also of EU law.

WACC According to the ESMA Regulation, new legal instruments, such as opinions can be used to achieve consistency in enforcement. In taking In 2016, the OECD DAC agreed to update reporting rules for this area, on the grounds that this would ensure consistency and acknowledge the developmental rekommendationer om Regulatory Policy and Governance samt att EU bör införa en Consistency of regulation is important for establishing appropriate The EU legislation on GMO's is inadequate. Only one Responsible decision-making in the EU Should GM crops be grown in the EU? av P Koskinen Sandberg · Citerat av 12 — Samlingar · Accounting [11] · Commercial law [13] · Economics [15] · Entrepreneurship and Management [7] · Finance [44] · Information Systems Science [6] Llarena doesn't skimp on criticisms of the German court and its decision. He says that when there are doubts in the interpretation of an EU law, in There is no current consistency in approach across the EU countries involved as to Advise to ensure that the correct labor law requirements for the country are This amended interpretation of the employer concept will have a major impact cash flow and consistent deleveraging are also central for our credit rating.
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Joakim Zander, EU Chemicals Agency. Publisher: Cambridge EU Legislation and Soft Law. pp xxiii-xxv 4 - The precautionary principle in EU law. pp 76-151.

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).

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.

2017-01-19 AUTUMN 2002 The Doctrine of Consistent Interpretation 399 Community law in conformity with the international legal obligations incumbent on the EU; in turn, this may require an interpretation of-again-national law giving effect to, say, a Community law Regulation; the whole track of national- 2017-04-24 2017-01-10 The EU law duty of consistent interpretation in German, Irish and Dutch courts. PhD student: Dr S.W. Haket. Promotors: Prof R.J.G.M.

The concept of consistent interpretation is an idiosyncratic mechanism for giving effect to EU law in the domestic legal orders due to the mechanism's dependedness on national courts and the room that is available in their domestic legal orders to give … 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 Judgment of the Court (Sixth Chamber) of 13 November 1990. - 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. - Case C-106/89. 2002-09-01 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. the consistent interpretation of domestic law with the directives of the European Union must be treated as a special kind of pro-EU interpretation of domestic law2.