Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?

Patakyová Mária T. ()
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Patakyová Mária T.: Doc. JUDr. Mária T. Patakyová, PhD., Associate Professor at the Institute of European Law, Faculty of Law, Comenius University in Bratislava, Slovakia.

European Studies - The Review of European Law, Economics and Politics, 2022, vol. 9, issue 1, 205-221

Abstract: Protection of individual rights arising from EU law is to a great extent in the hands of national courts. Their role is underlined in cases of imperfect implementation of a directive, where individuals are left at mercy of a euro-conform interpretation. Euro-conform interpretation is not limitless, as, for instance, it shall not be contra legem. However, when exactly is the interpretation contra legem, i.e. impossible? This article shows how intricate euro-conform interpretation may be, using the example of Directive 2008/48/EC on consumer credit agreements, a piece of law much discussed by the ECJ in preliminary rulings. Even if the proper way of interpretation is shown by the Supreme Court of a Member State, individuals may still find it difficult, even impossible, to enforce their rights arising from EU law. The aim of this article is to show how the euro-conform interpretation works in practice.

Keywords: Euro-conform interpretation; Indirect effect of EU law; Consistent interpretation; Contra legem interpretation – Directive 2008/48/EC – C-42/15 Home Credit – C-331/18 Pohotovosť (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:eurstu:v:9:y:2022:i:1:p:205-221:n:10

DOI: 10.2478/eustu-2022-0009

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