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STUDIA IURISPRUDENTIA - Issue no. 1 / 2005 | |||||||
Article: |
THE INTERPRETATION OF THE MEMBER STATES’ NATIONAL LEGISLATIONS IN ACCORDANCE WITH THE EU DIRECTIVES. Authors: CĂTĂLIN ŞTEFAN RUSU. |
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Abstract: The paper at hand aims at revealing the fundamental importance of the doctrine of consistent interpretation as a judicial protection legal device, in the broader context of the legal effects produced by EC directives, and with reference to the relevant judgments issued by the European Court of Justice. In time, the status of the doctrine of consistent interpretation has considerably changed in the sense of strengthening its position in the context of the above mentioned effects of the EC directives. It has to be acknowledged that this progress occurred due mainly to the specific approach to the issue, taken by the European Court of Justice. Thus, as a mode of giving effect to the Community law before the national authorities of the Member States, as we will see, the doctrine of consistent interpretation takes precedence over direct effect | |||||||