Otwarty dostęp

Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?


Zacytuj

Protection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.

eISSN:
2464-6695
Język:
Angielski
Częstotliwość wydawania:
2 razy w roku
Dziedziny czasopisma:
Business and Economics, Political Economics, other, Law, Social Sciences, Political Science