AN INTERPRETATION OF COMMUNITY LAW - METHODS AND BINDING FORCE OF ESJ LEGAL REASONING

• Authors: Szuniewicz M.
• Languages of publication: PL

Abstracts

EN

This study is aimed at analysing a way of an interpretation of European law, precisely the methods of interpretation employed by the European Court of Justice (ECJ) and binding force of its legal reasoning embodied in preliminary rullings. The first part of this work tries to indicate a new attitude and more comprehensive view on process of ECJ's legal reasoning which should be - according to the author's opinion - considered as a kind of matrix of particular elements, a specific puzzle of commonly known methods and techniques of legal interpretation with a paradigm of European integrity and principles of 'uniformity' and 'effect utile' as determining factors. This leads to putting forward a suggestion for comprehensive 'holistic' approach to all elements in the 'matrix of considerations' by reference to which the legal meaning of the provision in question is to be identified, which is followed by the precise description of each of them. The second part deals with the institution of preliminary rullings and the question of its binding force with a special emphasis lied on the 'clear meaning' of the provision whether according to 'clara non sunt interpretanda' rule ('acte clair') or because its meaning has already been explained in previous ECJ case law ('acte éclaire').

Keywords

EN

COMMUNITY LAW; EUROPEAN COURT OF JUSTICE; METHODS OF INTERPRETATION; PRELIMINARY RULINGS

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Instytut Nauk Prawnych PAN / Institute of Legal Studies PAN
• Journal: Studia Prawnicze
• Year: 2006
• Issue: 1(167)
• Pages: 23-68
• Document type: ARTICLE

Contributors

author

Szuniewicz M.

• M. Szuniewicz, Uniwersytet Mikolaja Kopernika w Toruniu, Wydzial Prawa i Administracji, Katedra Praw Czlowieka i Prawa Europejskiego, ul. Gagarina 15, 87-100 Torun, Poland

Identifiers

CEJSH db identifier

06PLAAAA01363051