Escaping the Trap: The Simplified Application of EU Law

Abstract:

While the case law of the Court of Justice of the European Union on the principles of the domestic application of EU law is at-tracting plenty of attention, little heed is given to the problems national courts have to face when implementing this case law. In this respect, this contribution looks at two aspects of the domestic application of EU law – the obligation to apply EU law ex officio and the application of EU law (namely the general principles of EU law and directives) between individuals. Its aim is to identify on specific examples from national legal practice the difficulties of national courts when they attempt to follow the case law of the Court of Justice and to put forward suggestions on how to simplify the role of national judges and, consequently, enhance the effective application of EU law in the Member States.