Title: New incentives from the European Court of Justice to the national courts

Date: 02/24/2007

Subject:  The Luxembourg Court has recently issued a number of important judgments that strengthen and consolidate the relationship between the Community and national jurisdictions. The line of decisions in particular suggests two different interpretative approaches: - The ECJ has finally taken into consideration the Nice Charter thereby making it the "primary instrument" for interpreting Community law, and national law that of applying it. The ECJ's explicit citation of the Nice Charter encourages the national courts to develop and organise common guarantees; - The ECJ puts particular emphasis on the principle of equality, which is superordinate, unconditioned and immediately enforceable and to that of non-discrimination, thereby enhancing the applicability and enforceability of directives over domestic law. The interpreters of national law will therefore have to take into account all domestic law provisions to reach a result that is in compliance with that desired by the Community legal order.

Original language: Italian

Classification: Art. 21 Non discrimination

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Notices: Innovative interpretations
Recognition of the Nice Charter as the "primary instrument" for interpreting Community law, and national law that of applying it.