Sim Haket
The Big Bang in EU Law, Promises and Empirical Reality
Who knows the European Court of Justice’s (ECJ) Van Gend & Loos judgment? Silly question, of course. The judgment has become famous for introducing the direct effect of EU law, allowing individuals to rely directly on EU law provisions against Member States and, sometimes, even against other individuals. But who can tell what the direct…
Read more
Three lessons on the relationship between EU and national law in the context of the duty of consistent interpretation
Is it possible to avoid a conflict between EU and national law that would result in a national court disapplying the conflicting national provision? Under certain circumstances, the duty of consistent interpretation can offer a solution. For example: two individuals conclude a sales contract, which one subsequently claims is void under EU law whereas the…
Read more
Egenberger and Bauer: The EU Charter as a source of rights and obligations for individuals
The Egenberger and Bauer judgments concern what has been described as probably the most important development in EU fundamental rights law in a long time (Sarmiento): establishing the horizontal direct effect of some of the provisions of the EU Charter of Fundamental Rights (Charter). The Bauer judgment also established the duty of consistent interpretation in…
Read more
Unity of law in the application of the duty of consistent interpretation?
This blog considers whether unity of law should be strived for in the EU law remedy of the duty of consistent interpretation and, if so, how this could be achieved. I explain why it is necessary to differentiate between the national and the EU level when addressing this question. I argue that unity of law…
Read more