Date: 2012
Type: Article
Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule
European Journal of Legal Studies, 2012, Vol. 5, No. 2, pp. 8-21
MAYR, Stefan, Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule, European Journal of Legal Studies, 2012, Vol. 5, No. 2, pp. 8-21
- https://hdl.handle.net/1814/28719
Retrieved from Cadmus, EUI Research Repository
The Court of Justice has time and again come under criticism for alleged methodological shortcomings and its dynamic approach towards interpretation. But who determines the boundaries between interpretation and admissible or inadmissible (ultra vires) creation of law? And where does the dividing line lie, given that the Member States have by and large accepted the most obvious creations of the Court of Justice (e.g. direct effect of directives, state liability etc.)? Any answer depends on our understanding of (a) the concept of interpretation as such and (b) the principle of effet utile – in a way the Court’s interpretive leitmotif and as I will argue, a meta-rule of interpretation (and as such a small contribution to a genuine European methodology).
Cadmus permanent link: https://hdl.handle.net/1814/28719
ISSN: 1973-2937
External link: https://ejls.eui.eu/