Typically, national judges must strive to interpret national law in compliance with their constitution. In addition, they are under the obligation to interpret domestic laws in such manner so as not to breach EU and ECHR law obligations. This duty results from the principle of primacy of EU law over national law, and from the obligation of the High Contracting Parties to ensure that the Convention is implemented within the domestic legal order. According to the doctrine of consistent interpretation, a national judge has to choose among the different possible interpretations of a domestic norm one that does not lead to a conflict with EU norms or the ECHR. In particular, as far as EU law is concerned, consistent interpretation is a technique through which national judges can sometimes overcame the lack of implementation of EU legislation by the domestic legislator, eventually limiting the implications of the lack of horizontal effect of certain EU secondary sources (notably, directives). In order to perform conform interpretation with EU law, national judges must use the room available under national law (as a whole) in order to achieve the purpose of the EU act.
Judicial interaction type:
Horizontal interaction - External - National level
Categories: Austria - Court of Justice of European Union - European Court of Human Rights - National Courts - Constitutional Court - Non-discrimination - Art. 21 - Non-discrimination - Art. 51 - Field of application - Art. 52 - Scope and interpretation of rights and principles
Categories: Spain - Court of Justice of European Union - National Courts - Supreme Court - Other body - Art. 7 - Respect for private and family life - Art. 8 - Protection of personal data - Art. 11 - Freedom of expression and information
Categories: Finland - Court of Justice of European Union - European Court of Human Rights - National Courts - Supreme Court - Ordinary Court - Other body - Art. 7 - Respect for private and family life - Art. 8 - Protection of personal data - Art. 11 - Freedom of expression and information - Art. 8 - Right to respect for private and family life - Art. 10 - Freedom of expression