Law I / The European Union Legal Order
Practice question · Put in order

A Spanish judge finds that a national statute may conflict with a provision of EU law. Arrange the steps in the order they are taken.

Hints
  1. Nothing can be reconciled before it is identified.
  2. Disapplication is the last resort, not the first move.
Show the answer
  1. Identify the EU provision said to conflict with the national statute
  2. Refer the question to the Court of Justice if the meaning of the EU provision is genuinely unclear
  3. Interpret the national statute in conformity with EU law so far as its wording allows
  4. Disapply the national provision if no conforming reading is possible
Why

Conforming interpretation comes before disapplication for a reason: it leaves the national statute standing and resolves the conflict inside the national order. Disapplication is a strong remedy, and a judge who reaches for it before trying to read the statute compatibly is doing more damage to the national system than the conflict requires.

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