Original scientific paper
Escaping the Trap: the Simplified Application of Eu Law
Libor Havelka
Abstract
While the case law of the Court of Justice of the European
Union on the principles of the domestic application of EU law is attracting
plenty of attention, little heed is given to the problems national
courts have to face when implementing this case law. In this respect,
this contribution looks at two aspects of the domestic application of
EU law – the obligation to apply EU law ex officio and the application
of EU law (namely the general principles of EU law and directives)
between individuals. Its aim is to identify on specific examples from
national legal practice the difficulties of national courts when they attempt
to follow the case law of the Court of Justice and to put forward
suggestions on how to simplify the role of national judges and, consequently,
enhance the effective application of EU law in the Member
States.
Keywords
Hrčak ID:
131642
URI
Publication date:
17.12.2014.
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