What is the role of the national judge, through conforming interpretation, in protecting the law of the Union?

Abstract: The present work aims to highlight, through the jurisprudence of the Court of Justice of the European Union, the relative obligation of interpretation based on the “conforming interpretation” of the law of the Union. The conflict between national and binding rules of the Union was from the beginning a problem that was resolved through the preliminary reference and with the jurisprudence, which had the aim of integrating, interpreting, shedding light, harmonizing the rules of the Union with respect to national law. On the other hand, the role of the constitutional courts, as well as the national supreme courts, within the scope of this procedural process, have had the opportunity to highlight, through the use of conforming interpretation, rules of the Union, disapplying and shedding light and resolving doubts, problems relating to rules that were in conflict with the law of the Union.

Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2024-11-10
DOI
https://doi.org/10.5281/zenodo.14062928
Primary Topic
Human Rights and Immigration
Type
article
Field-Weighted Citation Impact
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article

What is the role of the national judge, through conforming interpretation, in protecting the law of the Union?

Zenodo (CERN European Organization for Nuclear Research)
Human Rights and Immigration
article

What is the role of the national judge, through conforming interpretation, in protecting the law of the Union?

article en

Abstract

Abstract: The present work aims to highlight, through the jurisprudence of the Court of Justice of the European Union, the relative obligation of interpretation based on the “conforming interpretation” of the law of the Union. The conflict between national and binding rules of the Union was from the beginning a problem that was resolved through the preliminary reference and with the jurisprudence, which had the aim of integrating, interpreting, shedding light, harmonizing the rules of the Union with respect to national law. On the other hand, the role of the constitutional courts, as well as the national supreme courts, within the scope of this procedural process, have had the opportunity to highlight, through the use of conforming interpretation, rules of the Union, disapplying and shedding light and resolving doubts, problems relating to rules that were in conflict with the law of the Union.

Zenodo (CERN European Organization for Nuclear Research)
Peace, Justice and strong institutions
Openalex Percentile: Top 38%
Human Rights and Immigration
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