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
Date Written: June 29, 2009
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: Suggested Citation