Questionnaire
Published online by Cambridge University Press: 31 January 2019
Summary
This questionnaire is intended to provide a framework for and to stimulate national reports on the application and effectiveness of the principle of consistent interpretation under EU and EEA law at national level. The national reports will in turn serve as the basis for a general report aimed at providing a comparative analysis of the main challenges facing both the national and EU/EEA legal orders in this regard. National reporters are therefore asked to respond to the issues and questions raised in the questionnaire from the perspective of how decisions of the ECJ and/or EFTA Court pertaining to the scope and content of the principle of consistent interpretation are applied in their jurisdiction.
It is important to stress that the questionnaire should be viewed as a source of inspiration, not of strict inquiry. Not all of the questions might be relevant to your country, or have been considered by your national courts. Equally, there may well be other issues or perspectives which are not addressed by the questionnaire which you feel deserving of mention – you should naturally feel free to do so.
Reporters should also not feel bound to considering only those decisions of national courts where a referral for a preliminary ruling or advisory opinion was made to the ECJ or EFTA Court. To the contrary, in light of the project's overall aims, it is probably even more important to try to uncover practice related to cases where national courts apply the principle without making referrals.
Regarding the format of the individual national reports, although the headings suggested have proven helpful in shaping the questionnaire itself, you should feel free to structure your report as you see fit. You are nevertheless encouraged to write your report more as an academic article than a strict mechanical response to each and every question and issue put forward below. The reports are to be written in English.
- Type
- Chapter
- Information
- The Effectiveness and Application of EU and EEA Law in National CourtsPrinciples of Consistent Interpretation, pp. vii - xviPublisher: IntersentiaPrint publication year: 2018