HL Deb 06 May 1993 vol 545 cc45-6WA
Lord Tebbit

asked Her Majesty's Government:

Whether the recent judgment of the European Court of Justice in Katsikas v. Konstantinidis confirms the view of the Minister of State for Foreign and Commonwealth Affairs, Mr. GarelJones, (HC Deb., 24th March 1993, col. 935) that "certainly since the Maastricht Agreement the European Court of Justice is increasingly sensitive to and taking into account the position of Member States".

Lord Henley

The judgment concerned the application of Council Directive 77/187 on safeguarding employees' rights in the event of the transfer of undertakings. The European Court of Justice noted that the directive neither prevented, nor required, the maintenance of a contract of employment where the employee objected to his contract being continued with a new employer. The Court confirmed that it was for member states to decide how the contract of employment should be dealt with in that situation. The Court also confirmed it was for national courts to determine the meaning of national laws where these were referred to in the directive.

The ruling demonstrates an unwillingness to interpret EC legislation in ways which might encroach on matters which are properly left to member states and to national law. To that extent it supports the view advanced by my right honourable friend the Minister of State for Foreign and Commonwealth Affairs.

Lord Tebbit

asked Her Majesty's Government:

Whether they regard it as appropriate for the European Court of Justice to give judgments on the basis of a deduction of the meaning of European law from its context or spirit whilst disregarding contradictions or obscurities in its wording.

Lord Henley

A principle task of a court is to interpret and apply the law, and Article 164 of the EEC Treaty provides that "the Court of Justice shall ensure that in the interpretation and application of this Treaty the law is observed."

However carefully legislation is drafted, there will be occasions when it is not clear how a provision is to be interpreted or applied to a particular situation. On these occasions, it is perfectly proper for a court, including the European Court of Justice, to construe the provision in its context.