Consistent Interpretation: An EU Concept in a Pluralistic Legal Order
PhD student: Mr S.W. Haket
Promotors: Prof R.J.G.M. Widdershoven, Dr H.J. van Harten
Duration: 1/9/2014 - 31/8/2018
The PhD research project examines the application of the concept of consistent interpretation by courts in Germany, the United Kingdom and the Netherlands. Consistent interpretation refers to an obligation of national courts and administrative authorities to interpret the applicable national law as much as possible in a way which ensures the fulfilment of obligations deriving from European law. The research question proposed here is: What is the role of courts in Germany, the United Kingdom and the Netherlands in the implementation of CJEU case law on consistent interpretation and which influence do domestic values, principles and rules exercise on decisions of these national courts? Questions are first approached through a case-by-case analysis (combined with related literature) of relevant case law from the CJEU and the reception in the Member States legal orders of these judgments. However, an additional effort is needed since very little is known about the actual application by the Member States courts (including not only the highest courts of the Member States but also lower courts), whereas the domestic implementation of the duty of consistent interpretation is crucial. In pursuit of completer and more reliable answers to the research question and in order to reveal the actual context in which the duty of consistent interpretation materialises, a detailed comparative analysis of case law on the duty of consistent interpretation in Germany, the United Kingdom and the Netherlands will be carried out.