Selected remarks on the limits of consistent interpretation of criminal law
Selected remarks on the limits of consistent interpretation of criminal law

Summary/Abstract: There is no doubt about the fact that most frequent problems related to the correct reconstruction of the substantive criminal law norm in EU matters occur in the case of legislative omission (or improper or untimely implementation) on the part of the national legislator, which is not at all unusual in the Member States legal systems. In such a situation, the attempt of the national court to ensure the maximum effectiveness of EU law will most often be realized through the interpretation of national law in accordance with the purposes and wording of EU law, commonly referred to as a consistent interpretation. At the same time, there is no doubt that any considerations regarding consistent interpretation in the sphere of criminal law should be carried out primarily from the negative side - that is, by examining the limits of this interpretation. It must be remembered that criminal law is a kind of "boundary law". With this in mind, I will attempt to reconstruct the most important of them in the remainder of this article, so as to ultimately attempt to define the principle of consistent interpretation in the perspective of the limits of this interpretation.

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