effet utile
In international law, effet utile (efficiency requirement, French: useful / practical effect) is understood to mean the principle of interpreting and applying a standard in such a way that the contractual objective can be best and most easily achieved. This principle is generally recognized by the Vienna Convention on the Law of Treaties . The principle is also known as ut res magis valeat quam pereat or favor contractus .
The argument of effet utile plays a major role in the application of European law . The European Court of Justice has made it clear in several decisions that Union law takes precedence over national law. If national law can be interpreted differently, the interpretation that is best and most effective is to be preferred.
- Example: In principle, an authority has discretion when deciding whether to withdraw an illegal administrative act , cf. Section 48 (1) sentence 1 VwVfG. However, if the administrative act violates EU law, the discretion is reduced to zero due to the effet-utile principle , because the administrative exercise of discretion could prevent the effective enforcement of EU law.
In addition to the principle of effet utile, the implied powers doctrine plays a similarly strong role in the interpretation of international law .
Individual evidence
- ↑ ECJ September 17, 2002 C-253/00 Munoz, Coll. 2002, I-7289, 7321
- ^ Zöller, Commentary on the Code of Civil Procedure, 28th edition 2010, paragraph 154 of the introduction
- ↑ Schwabe, Winfried / Finkel, Bastian: General Administrative Law and Administrative Procedure Law , 9th edition, Stuttgart 2017, p. 197 f.
