INDIRECT EFFECT

Question 1

DEFINITION

Answer 1

• a principle of law that requires national courts to interpret national legislation in light of EU law

Question 2

INDIRECT EFFECT

Answer 2

• von colson v land 14/83 found national courts are required to interpret national laws in light of wording and purpose of a directive to contribute to proper implementation
• that interpretation however may not replace legislative interpretation efforts 144/99 comm v neth

Question 3

SCOPE

Answer 3

• obligation extends also to: m
• directives 106/89 marleasing
• recommendations 322/88 grimaldi
• framework decisions 105/03 criminal proceedings against Maria pupino

Question 4

LIMITATIONS

Answer 4

• coj makes it clear domestic courts have obligation to interpret as far as possible
• 80/86 criminal proceedings of nijmegen and 105/03 pulpino
• obligation is limited by general principles of law inc principle of legal certainty and non rectroactivity nijmegen
• may not lead to interpretation contra legem (against the law)