The principle of consistent interpretation : Its application and limitations in national fining proceedings

Enforcing EU Law at the National Level : EU General Principles and the Imposition of Fines / edited by Dawid Miąsik. Abingdon, Oxon ; New York : Routledge, 2026, s. 26-53.

This chapter discusses the scope, application, and limits of the principle of consistent interpretation in national fining proceedings. It considers the conforming interpretation of national law with EU law as the primary tool for securing both the goals of EU substantive law and EU fundamental rights and general principles. It is also designed to strike a balance between the effectiveness of EU law and the requirements stemming from the principles of legal certainty and the protection of EU fundamental rights applicable to national fining proceedings that are criminal in nature, despite being conducted by administrative authorities. To that effect, it determines the boundaries of consistent interpretation of national substantive rules and fining legislation.

This research was funded in whole by the National Science Center, Poland (No. 2021/43/B/HS5/01252).