The Influence of the ECJ’s Case Law on Indirect Effect in the Italian, German, Dutch and English Administrative Legal Systems and its Application by the National Administrative Courts

10 Pages Posted: 3 Jul 2009

See all articles by Chris Backes

Chris Backes

University of Maastricht - Public Law

Mariolina Eliantonio

Maastricht Center for European Law

Date Written: June 29, 2009

Abstract

On the basis of Article 10 EC and of a consistent line of case law, national courts are obliged, where possible, to interpret national law in the light of European law. Albeit established over 20 years ago, the doctrine of consistent interpretation continues, however, to appear problematic because of its vague meaning and consequent high likelihood of misapplication. In order to provide an answer to the question of the application of the doctrine of indirect effect by the national courts, this paper seeks to examine the influence of the ECJ’s case law on indirect effect in the Italian, German, Dutch and English administrative legal systems and its application by the national administrative courts. The examination has been conducted by analysing the relevant doctrinal writings and national case law.

Keywords: EC law, national administrative courts, indirect effect, consistent interpretation

JEL Classification: K1, K23

Suggested Citation

Backes, Chris and Eliantonio, M., The Influence of the ECJ’s Case Law on Indirect Effect in the Italian, German, Dutch and English Administrative Legal Systems and its Application by the National Administrative Courts (June 29, 2009). Available at SSRN: https://ssrn.com/abstract=1427255 or http://dx.doi.org/10.2139/ssrn.1427255

Chris Backes

University of Maastricht - Public Law ( email )

PO Box 616
Maastricht, 6200 MD
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0031433883136 (Phone)
0031433884907 (Fax)

M. Eliantonio (Contact Author)

Maastricht Center for European Law ( email )

PO Box 616
Maastricht, 6200 MD
Netherlands

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