The relationships between a national and a supranational legal system are usually not most problematic concerning a question of fulfilling main legal obligations arising from a non-state legal source. The problem is more often related to the so-called “side effects” of such main legal obligations. It is precisely in this context that the two principles of equivalence and effective-ness play a central role in the jurisprudence of the ECJ, namely in the con-text of administrative organisation, administrative procedure, administrative process, and administrative enforcement law. Ultimately, one must admit that any choice of national law, even if it is an area that falls within the (exclusive) competence of the Member States, must be in dialogue with the European project. Such a choice can obviously be contingent on various conditions, depending on the relevance and impact of the decision itself for the achievement of the Treaty objectives as implemented in the specific provisions of EU secondary law. Nonetheless, the ECJ case law on the principles of equivalence and effectiveness shows that it aims not only to close gaps but also to find the best solution, which includes the objective of gaining the necessary acceptance in the Member States while ensuring the full effectiveness of EU law.

Äquivalenz und Effektivität / D.U. Galetta - In: Handbuch des Verwaltungsrechts. 2: Grundstrukturen des Europäischen und Internationales Verwaltungsrecht / [a cura di] W. Kahl, M. Ludwigs. - Prima edizione. - Heidelberg : C.F. Müller, 2021. - ISBN 978-3-8114-8856-4. - pp. 625-658

Äquivalenz und Effektivität

D.U. Galetta
2021

Abstract

The relationships between a national and a supranational legal system are usually not most problematic concerning a question of fulfilling main legal obligations arising from a non-state legal source. The problem is more often related to the so-called “side effects” of such main legal obligations. It is precisely in this context that the two principles of equivalence and effective-ness play a central role in the jurisprudence of the ECJ, namely in the con-text of administrative organisation, administrative procedure, administrative process, and administrative enforcement law. Ultimately, one must admit that any choice of national law, even if it is an area that falls within the (exclusive) competence of the Member States, must be in dialogue with the European project. Such a choice can obviously be contingent on various conditions, depending on the relevance and impact of the decision itself for the achievement of the Treaty objectives as implemented in the specific provisions of EU secondary law. Nonetheless, the ECJ case law on the principles of equivalence and effectiveness shows that it aims not only to close gaps but also to find the best solution, which includes the objective of gaining the necessary acceptance in the Member States while ensuring the full effectiveness of EU law.
principles of equivalence; principle of effectiveness
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/887302
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