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The Effectiveness and Application of EU and EEA Law in National Courts

Principles of Consistent Interpretation

Book | 1st edition 2018 | Christian Franklin

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 (ed.) 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).

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780686554 / 9781780688022
Series name Intersentia Studies On Courts And Judges
Weight 1115 g
Status Available
Number of pages xlvi
Access to exercice No
Publisher Intersentia
Language English
Publication Date Oct 26, 2018
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No


  • Table of contents and preliminary pages
    Christian Franklin
  • Synthesis: Drawing Some Lines on the Application of the Principle of Consistent Interpretation in National Courts
    Christian Franklin
  • Consistent Interpretation in the Netherlands: A Theoretical Perspective on the Principle and its Use by the Dutch Supreme Court
    Judit Altena-Davidsen
  • Effectiveness and Application of EU Law in German Courts: A Constitutional Perspective
    Nils Grosche
  • Consistent Interpretation in France: Revealing the Duality of the Judicial System
    Vincent Couronne
  • Interpretation in Conformity with EU Law in the Italian Legal System
    Tatiana Guarnier, Elisabetta Lamarque
  • The UK Perspective on the Principle of Consistent Interpretation
    Sara Drake
  • Consistent Interpretation in Denmark
    Christina Tvarno, Grith Skovgaard Olykke
  • The Principle of Consistent Interpretation in Finnish Courts
    Samuli Miettinen
  • The EEA Principle of Consistent Interpretation (or something that looks like it) and Norwegian Courts
    Christian Franklin
  • Consistent Interpretation in the Case-Law of the Icelandic Supreme Court 1994-2016
    Gunnar Thor Petursson, Omar Berg Runarsson
  • The Principle of Consistent Interpretation in Slovenia: Inconsistently Consistent or Consistently Inconsistent?
    Sasa Zagorc, Mohor Fajdiga
  • Effectiveness and Application of EU and EEA Law in Polish Courts: The Principle of Consistent Interpretation
    Malgorzata Agnieszka Cyndecka
  • Towards an Internalisation of EU Law in Cyprus: The Effectiveness and Application of EU Law by National Courts
    Stephanie Laulhe Shaelou