INDIRECT WAYS OF PROTECTION OF SUBJECTIVE COMMUNITY RIGHTS

Abstract

Individuals whose subjective community rights coffered from community regulations were infringed may, in such cases seek protection directly and indirectly. However, the choice of remedy and procedure for protection is not given to individuals, but depends on the nature of the violation and legal nature of the community provisions (directives) that are assigned to individual rights. The subject of this paper is limited to indirect way of protection that individuals can achieve in the national courts of Member States in two ways: by consistent interpretation and in the process of preliminary rulings. To this end, in the first part of the paper author analyzes the concept, scope and limits consistent interpretation, while in the second part points out the relationship and a functional connection among the consistent interpretation, direct effect and preliminary rulings.