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Effectiveness and Application of EU & EEA Law in National Courts – Principles of Consistent Interpretation

den 3 april 2019, kl. 12:00

Christian Franklin is a Professor of Law at the University of Bergen, specialising in EU and EEA law. He is a Barrister (Gray’s Inn), joint manager of the Bergen Centre for Competition Law and Economics (BECCLE) and the University of Bergen Law Faculty’s Research Group for Competition and Market law. He is also a Board Member of the Norwegian Association for European Law.

In the current decentralised system of EU and EEA law enforcement, national courts play a crucial role in securing the effectiveness and application of the law. A great deal of legal research has been expounded on how the CJEU and the EFTA Court have established and developed one of the key mechanisms for doing so – namely the principle of consistent interpretation. Yet the principle’s scope and limits can only be fully understood if one looks to the final outcome of cases at national level, and how national courts charged with the duty of applying the principle actually do so when faced with such issues in practice. Adopting an ambitious and consistent approach, contributors from 12 European states have therefore examined the reception of the principle through national case-law, focusing on three issues: reception and understanding of the concept, its criteria for application, and its limitations. The individual contributions are further synthesised and compared in an overarching comparative chapter that identifies considerable tension between the goals of uniform and homogenous application of the principles, and a plurality of different approaches at national level. As the editor of this volume, Christian Franklin will look to present some of the central issues of the project, the findings of which also touch on a broader range of issues concerning the cooperative dialogue between European and national courts more generally.

Moderator: Associate Professor Jaan Paju, Stockholm University


When: Wednesday, April 3rd, 12-13 (coffee and sandwiches will be served from 11:30)
Where: Stockholm University, Universitetsvägen 10, C-house, 9th floor, Faculty room

Detta seminarium ägde rum den den 3 april 2019