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Curtea Federală Supremă din Germania a interpretat dreptul penal național în conformitate cu directivele UE incidente pentru a achita un condamnat

3. Harmonious (Conforming) Interpretation

The primacy of Union law forces Member States to interpret their (criminal) law in such a way that it conforms to Union law, as otherwise it would be displaced by Union law in cases of collision. (…) Moreover, the principle at hand goes not only for regulations, but also for directives. (…) The German Federal Court of Justice took a further step towards interpretation in line with Union law by focusing explicitly on the European origins of the rules of the Securities Trading Act (WpHG), demanding that it be interpreted in a manner that conformed to EU directives. Furthermore, the Court repealed a sentence for so-called scalping issued in line with WpHG, arguing that according to an interpretation that conformed to European directives ‘self-created „facts” could not ‘be classed as insider information’. This decision’s special significance lies in its unmistakable affirmation of the interpretation of national (here German) criminal laws in line with Union directives. (s.n. – M.M.-B.)

Kai Ambos
(European Criminal Law, Cambridge University Press, iunie 2018, la p. 343-344)

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