Web-Companion Essential EU Law in Text: Suggested solutions to the exercises
Please find hereinafter the suggested solutions to the 64 exercises contained in the book "Tobler/Beglinger, Essential EU Law in Text, 5th edition, HVG-ORAC 2020, ISBN 978-963-258-490-4". To give you an idea how the exercises in the book are phrased, they have been added for the first three instances. Any comments or feedback are welcome.
Showing only entries concerning chapter Part 1, E. IV. 7.. View all entries
The nature of the EU and EU law – Exercise 7
Page: 49
Chapter: Part 1, E. IV. 7.
Suggested solution:
They might point to the duty of the national court to EU-consistent interpretation (so-called indirect effect; von Colson and Kamann). However, this will only be of use if the relevant provision leaves room for an EU-conform interpretation (i.e. an interpretation against the clear wording of the national law will not be possible). A further alternative, which, however, will not lead to national law actually being in line with EU law, is Member State liability under the Francovich line of case law.
[Relevant Charts: Chapter 6, in particular Chart 6/11]
[V.1.1]