Sentences with phrase «interpret national legislation»

Under indirect effect, national courts are required to interpret national legislation in the light of any relevant directive, so far as possible (Case C - 106 / 89 Marleasing SA v La Comercial Internacional de Alimentacion SA ECLI: EU: C: 1990:395).

Thus, while many observers have pointed to the increased potency of the state as a political actor in educational policy, 251 the role of states in interpreting national legislation has been treated less extensively.

Not exact matches

To avoid such a result, the court analysed in some detail how the doctrine of the supremacy of EU law and the requirement to «disapply» incompatible national legislation has been interpreted and applied by national courts.

78 The Member States must not only interpret their national law in a manner consistent with European Union law but also make sure they do not rely on an interpretation of an instrument of secondary legislation which would be in conflict with the fundamental rights protected by the legal order of the European Union (see Parliament v Council, paragraph 105, and Detiček, paragraph 34).

80 In the light of all of the foregoing, the answer to the question referred is that EU law — in particular, as it results from Article 7 (1)(b), Article 8 (4) and Article 24 (1) and (2) of Directive 2004/38 — must be interpreted as precluding national legislation, such as that at issue in the main proceedings, which, even as regards the period following the first three months of residence, automatically — whatever the circumstances — bars the grant of a benefit, such as the compensatory supplement provided for in Paragraph 292 (1) of the ASVG, to a national of another Member State who is not economically active, on the grounds that, despite having been issued with a certificate of residence, he does not meet the necessary requirements for obtaining the legal right to reside on the territory of the first Member State for a period of longer than three months, since obtaining that right of residence is conditional upon that national having sufficient resources not to apply for the benefit.

Article 10 of the treaty imposes a duty on national courts to interpret domestic legislation in a way that is consistent with Community law.

62 The answer to the second question should therefore be that Article 9 of the directive is to be interpreted as meaning that the activities referred to at points (a) to (d) of the first question, relating to data from documents which are in the public domain under national legislation, must be considered as activities involving the processing of personal data carried out «solely for journalistic purposes», within the meaning of that provision, if the sole object of those activities is the disclosure to the public of information, opinions or ideas.