Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule
Title: Putting a Leash on the Court of Justice? Preconceptions in National Methodology v Effet Utile as a Meta-Rule
Author: MAYR, Stefan
Citation: European Journal of Legal Studies, 2012, Vol. 5, No. 2, pp. 8-21
External link: http://www.ejls.eu/
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).
Type of Access: openAccess; openAccess