Field of Research
EU Law
Research Topics
Relationship between EU Law and National Law, Effectiveness of EU Law, EU Judicial System
Overview of Research
My main research interest lies in European Union law. I am particularly interested in the relationship between EU law and national law, and the principles for ensuring the effectiveness of EU law.
In the EU legal system, the legal acts adopted at the EU level are basically implemented by the Member States. However, there are cases in which national authorities fail to take the necessary measures to execute EU acts or enact domestic rules that are incompatible with EU law. Confronted with such problems, the European Court of Justice (ECJ) has developed doctrine for ensuring the effectiveness and uniform application of EU law in the Member States. A good example is the principle of state liability for breach of EU law; although there is no Treaty provision laying down this principle in an explicit manner, the ECJ ruled that it is inherent in the system of the Treaty. In the previous study, I conducted an analysis of case law on this principle and clarified the conditions for liability.
At present, for the purpose of examining the legal issues related to the enforcement of EU law from the perspective of the EU judicial system, I am researching the preliminary ruling system. This is a procedure whereby the ECJ answers questions relating to the interpretation and effect of EU law referred by a national court. My study focuses on the consequences when the national court fails to comply with its obligation to make a reference, by examining case law concerning remedies based on EU law, the European Convention on Human Rights, and national constitutions.
SAIRENJI, Takayuki
Associate Professor
Degree: Master of Laws (Sophia University)
sairenji@osipp.osaka-u.ac.jp
