CJCE : conclusions de l'avocat général sur une question d'application directe par les juridictions nationales de dispositions communautaires
| Auteur | Legal News |
La juridiction irlandaise du travail, la Labour Court de Dublin, soumet à la Cour de justice des communautés européennes le point de savoir si une juridiction nationale est ou non tenue de mettre en oeuvre des dispositions de droit communautaire directement applicables et ce même lorsque le droit interne ne leur a conféré aucune compétence expresse à cet effet. Dans ses conclusions rendues le 9 janvier 2008, l'avocat général a considéré qu' "en vertu des principes d'équivalence et d'effectivité, une juridiction nationale est tenue d'appliquer des dispositions de droit communautaire d'effet direct bien que la législation nationale ne lui ait conféré aucune compétence expresse en ce sens, mais qu'elle est compétente pour appliquer une loi nationale postérieure ayant transposé ces dispositions en droit interne et que, autrement, les particuliers ne pourraient invoquer directement ces mêmes dispositions, pour la période antérieure à l'adoption...
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