The Challenges Facing British Judges in Interpreting EU Law After Accession (1973-1990): Differences Between the Rule of Construction and Marleasing
The Challenges Facing British Judges in Interpreting EU Law After Accession (1973-1990): Differences Between the Rule of Construction and Marleasing
Author(s): Allan F. Tatham
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Principle of consistent interpretation;National courts' interpretation of EU law;British judiciary;Domestic rules of interpretation;Rule of construction;Impact of Marleasing
Summary/Abstract: As judges from across the Western Balkans are trained in the rules concerning the interpretation and enforcement of (rights under) EU law in cases before them, this paper will examine how British judges approached this same matter in the immediate post-accession period, 1973-1990. It will be shown that, for many years after accession, domestic judges in the United Kingdom sought to impose their own canons of interpretation when approaching EU law in cases in which they were adjudicating. The gradual movement to embrace the principle of consistent interpretation used by the European Court of Justice in its seminal ruling in Marleasing, ultimately resulted in a distinct re-orientation of British judges in their approach to the basis of their decision-making and the legal sources available to justify their reasoning. This paper will therefore trace the main cases as examples of the process by which British courts gradually came to accept consistent interpretation, highlighting the difficulties faced in adapting to different ways in understanding the application of EU law. Discussing these various judgments underlines the fact that even a log-established judiciary from a new Member State faced many challenges in coming to terms with the implications of post-accession application and interpretation of EU law.
Book: Зборник радова"Право између стварања и тумачења" Том I
- Page Range: 101-118
- Page Count: 18
- Publication Year: 2023
- Language: English
- Content File-PDF