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.

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

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. Under these circumstances situations may arise where individuals find themselves unable to determine the applicable law. of European Union law, and thus in ensuring the consistent interpretation of Polish legal provisions with European Union law, assuming that the limit to this is contra legem interpretation. 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 The PhD research project examines the application of the concept of consistent interpretation by German, British and Dutch courts.

It takes the fragments of a European methodological standard for consistent interpretation from the case law of the CJEU and puts them into a coherent framework labelled European methodological rules. These rules interact with national rules of statutory construction resulting in a hybrid methodology. 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. Under these circumstances situations may arise where individuals find themselves unable to determine the applicable law. Consistent interpretation refers to an obligation of national courts and administrative authorities to interpret the applicable national law as much as possible in a way which ensures the fulfilment of obligations deriving from European law.

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

Widdershoven, Dr H.J. van Harten. Duration: 1/9/2014 - 31/8/2018. PhD defence: Utrecht, 30/10/2019.

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

News and comments on EU law. Tag: duty of consistent interpretation. Case C-282/10 Dominguez. 9 February 2012/By Laurens Ankersmit. European Law Blog. The European Law Blog aims to highlight, and comment on, current developments in EU case law and legislation. Furthermore, since the general principles of EU law limits the obligation of consistent interpretation, the degree of harmonization in the VAT area effects this limitation.

"Indirect Effect of EU Law after Kolpinghuis Nijmegen (C-80/86): Consistent Interpretation in Dutch Criminal Courts." The Court of Justice and European Criminal 8 Aug 2016 Furthermore, according to the Advocate General, the duty of consistent interpretation is not restricted just to rules of national law, but equally IN THE EU LEGAL ORDER? Giacomo Gattinara*. 1. Introduction. If EU Courts have to consistently interpret EU law when a WTO pro- vision is at stake,1 why 6 Jun 2018 This article examines the legal methodology that courts have to employ when they construe domestic law in accordance with European Union 30 Oct 2019 Buy The Eu Law Duty of Consistent Interpretation in German, Irish and Dutch Courts by Sim Haket from Waterstones today! Click and Collect Subject(s): Law, Constitution, Jurisprudence, Criminal Law, EU-Legislation European Union Law; substantive criminal law, consistent interpretation; European 2.1.
Jan bernhardsson

European Law Blog.

Promotors: Prof R.J.G.M. Widdershoven, Dr H.J. van Harten. Duration: 1/9/2014 - 31/8/2018. PhD defence: Utrecht, 30/10/2019.
Ms project office 365

försäkringskassan anpassat arbete
arbetsförmedling växjö öppettider
catullus
visma portalen
sommarjobb ekonomi växjö
ocab umeå jobb

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

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. Maintaining an interpretation he has defended in a series of cases from Kücükdeveci onwards, AG Bot invited the Court to reconsider previous categorisations based on general principles or ‘particularly important principles of EU social law’ (C‑214/16, King, EU:C:2017:914, § 32) and to confirm, once and for all, that the social rights enshrined in the Charter are equally indivisible The thesis also concludes that the Danish administrative practice does not pose an EU consistent interpretation in all cases. Danish administrative practice seems in some cases to follow the de- duced applicable law, as fertility treatment performed on infertile women is exempted from VAT, regardless of the nature of a relationship. Guidance on the implementation and interpretation of Regulation (EU) No 346/2013 on European social entrepreneurship funds.

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 …

moms. 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.

Legitimate Expectation of Consistent Interpretation of EU State aid Law: Recovery in State aid cases involving advanced pricing agreements on tax Liza Lovdahl Gormsen and Clement Mifsud-Bonnici1 • This paper examines whether the recovery obligations in the recent tax cases are Consistent interpretation in practice 39! 5.4!Financial service exemption as interpreted by the HFD 40 5.4.1!Interpretational methods in general 40 5.4.2! Interpretation of the exemption before the accession 41! 5.4.3!Chapter 3 paragraph 9 41 6! CONCLUDING REMARKS 46!