What is the role of the national judge, through conforming interpretation, in protecting the law of the Union?
Year: 2024
Type: article
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.
Author: Stephanie Housman
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W6949339177
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