Escaping the Trap: The Simplified Application of EU Law
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 at-tracting 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.Downloads
Published
How to Cite
Issue
Section
License
All manuscripts published in CYELP are licensed under the Creative Commons Attribution − Non-Commercial − No Derivatives 4.0 International License. This permits anyone to copy and redistribute their work in any medium or format for non-commercial purposes provided the original work and source are appropriately cited.
For all manuscripts published in CYELP, the copyright remains with the author(s). This means that the author(s) grant the right of first publication to the Yearbook, while retaining the copyright to their manuscripts (accepted for publication or published in CYELP), and may republish these, in full or in part, in other publications, books or materials. However, the following conditions should be met:
- the manuscript is published open access;
- when reusing the manuscript, the original source of publication must be properly acknowledged and referenced;
- the manuscript remains published by CYELP on its website;
- the manuscript is licensed under the Creative Commons Attribution − Non Commercial − No Derivatives 4.0 International License.
