The obligations of national administrative authorities in relation to national law which is incompatible with EC law
PhD student: Mrs M.J.M. Verhoeven
Promotors: Mrs Prof S. Prechal, Prof R.J.G.M. Widdershoven
Duration: 1/9/2006 - 31/8/2010
PhD defence: Utrecht, 20/5/2011
Under EC law, national administrative authorities are obliged to disapply national legal provisions, which are not compatible with EC law, and to apply directly Community law or to proceed to consistent interpretations of national law. They are supposed to do so, even where national law restricts their powers in this respect. This raises problems of national constitutional law and Community law. The research explores three issues: What is the exact scope and basis of the said obligations under EC law? Are the authorities able, under national law, to comply with the obligations? How can the inevitable tensions and uncertainties be accommodated?