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

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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 .)

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.

Suggested Citation

  • Patakyová Mária T., 2022. "Euro-Conform Interpretation of Slovak Consumer Credit Act – Endless Saga Bound to End?," European Studies - The Review of European Law, Economics and Politics, Sciendo, vol. 9(1), pages 205-221, August.
    • Handle: RePEc:vrs:eurstu:v:9:y:2022:i:1:p:205-221:n:10
    DOI: 10.2478/eustu-2022-0009
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