Povinnost a limity (euro)konformního výkladu vnitrostátního práva
| Title in English | Duty and Limits of Euroconform Interpretation of National Law |
|---|---|
| Authors | |
| Year of publication | 2008 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | indirect effect; interpretation; euroconform interpretation; direct effect; directive |
| Description | This article is focused on the so-called indirect effect of directives in the case law of the European Court of Justice. The working hypothesis is the idea that a proper implementation of a directive can be realized not only by an action of a legislator but in case of its failure also by national courts. It is because the objectives and purpose of a directive can be also achieved by correct interpretation of a national law. However, it is necessary to examine the conditions, possibilities and limits of such an interpretation. Limits are in any case, given by the general principles of Community law. Euroconform interpretation must also be admissible by the national law itself. |