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.
- Disapply the national provision if no conforming reading is possible
- Identify the EU provision said to conflict with the national statute
- Refer the question to the Court of Justice if the meaning of the EU provision is genuinely unclear
- Interpret the national statute in conformity with EU law so far as its wording allows
Hints
- Nothing can be reconciled before it is identified.
- Disapplication is the last resort, not the first move.
Show the answer
- Identify the EU provision said to conflict with the national statute
- Refer the question to the Court of Justice if the meaning of the EU provision is genuinely unclear
- Interpret the national statute in conformity with EU law so far as its wording allows
- 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.
Practise The European Union Legal Order
The app has 5 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on The European Union Legal Order
- A regulation is binding in its entirety and directly applicable in all Member States.
- EU law distinguishes direct applicability from direct effect. What follows from this distinction when an…
- The Court of Justice had already established the primacy of Community law in 1964. Why did it then have to…
- Which are true of the preliminary reference procedure under Article 267 TFEU?
- Arrange these milestones of European integration in chronological order.
- How many member states does the European Union have following the withdrawal of the United Kingdom?
- Match each judgment of the Court of Justice to the doctrine it established.
- The Spanish Constitutional Court's 2004 declaration treated the primacy of EU law as identical to supremacy…