The european union law working paper series is a joint initiative of stanford law. In particular, it is argued that the european court uses the teleological method of interpretation to enhance the effectiveness of community law at the expense of the written legal texts. They allow to use the two materials sidebyside over a broad range of study. According to its court of justice, the eu represents a new legal order of international l. Duncan pickard, judicial interpretation at the european court of justice as a feature of. Strictly speaking, however, jurisprudence concerns the theoretical analysis of law at the highest level of abstraction e. The eus legal foundations are the treaty on european union and the treaty on the functioning of the european union.
Teleology or finality is a reason or explanation for something as a function of its end, purpose, or goal. The interpretation of community law by the european court. The eu is supposed to join the echr, as provided by article 62 teu. Eu international relations and diplomacy studies, ma, college of europe. Aristotle normally begins a teleological explanation of a living thing with an identification of its goods reproduction, pleasure, intelligence, etc. Supranationalism is a defining feature of european union law.
A brief history of the development of the union 3 1. Acknowledgments abbreviations introduction 1 the subject and basic claims of this book 2 structure and approach 3 the benchmarks of legality and quality part 1 what is interpretation. Applying the teleological model to various hotlydebated aspects of the functionality doctrine leads me to endorse adoption of a transparent, purposive analysis of competitive need as the measure of functionality rather than any. The word deontological is derived from the greek word deon, which means the moral necessity 3 and relates to an obligation or duty. Teleology is a philosophical concept, which is used in instating or supporting the existence of god based on apprehended proof of order. The favourite method of interpretation utilised by the court is the teleological method. Though this book promises a very short introduction to the philosophy of law, i use this phrase interchangeably with legal theory, legal philosophy, and jurisprudence. For example, if a fish is to survive and reproduce, it must be able to acquire food, which requires that it move, and so it must have fins, which in. Jul 01, 2016 moreover, the court frequently takes a teleological approach to jurisprudence in order to achieve this objective, sometimes basing its decisions upon the spirit of the treaties opposed to their literal wording. The author has written an important contribution to the academic debate on multilingualism in eu law. Normative theories of practical philosophy springerlink.
Pdf the cjeus judgment in pringle saved the european stability mechanism from invalidity. First, the ontology of eu public procurement law is evaluated, because it is held that the theory of justification of judicial decisions is interlinked to the ontology of law. The eu has political institutions and social and economic policies. A purpose that is imposed by a human use, such as that of a fork, is called extrinsic. Historical interpretation, in the case of eu law, relies on the historical background, the content of travaux preparatoires or similar materials, which record the legislators intention and. The teleological argument is an attempt to prove the existence of god that begins with the observation of the purposiveness of nature.
Fundamental rights and citizenship part 2 substantive law 9. Language, discourse and reasoning at the european court of justice. This book is no longer available for purchase cited by 1 thoughtprovoking and accessible in approach, this book offers a classic introduction to european law. These provisions shall likewise apply to monopolies delegated by the state to others. Taking a clear structural framework, it guides the student through the subjects core elements from its creation and enforcement to the. European union law is the system of laws operating within the member states of the european union. Teleology from, telos, end, aim, or goal, and, logos, explanation or reason or finality is a reason or explanation for something as a function of its end, purpose, or goal. Working paper, eui ael, 209, distinguished lectures of the academy. In the meantime, however, i thought i might whet the readers appetite. The new 2010 edition lisbon edition of essential eu law in charts is out, this time together with a brief companion text called essential eu law in text. The economic constitutional law of the european community 2002.
Aristotle articulates his natural teleology in the context of a dialectical engagement with his predecessors, identifying each of them with a salient causal factor. Legal reasoning of the court of justice in the context of the. The approach allows unelected judges to make law and this is wrong. In a recentlypublished book chapter, i explore this history and what it means for contract lawyers today. European union law working papers stanford law school. Eu law to uphold a right conferred to a litigant by union law. Arguably the purposive approach is similar to the teleological approach but the teleological approach is much broader. Fifty years of multilingual interpretation in the european. A purpose that is imposed by a human use, such as that of a fork, is called extrinsic natural teleology, common in classical philosophy, though controversial today, contends that natural. Furthermore, eu law has direct or indirect effect on the laws of its member states and becomes part of the legal system of each member state. On the one hand, there seems to be no absolute specificity of the legal interpretation methods of the ecj.
Islamic banking in the european union legal framework. The agreement between the two institutions was reached in april 20, as a result of negotiations which. The scope, motivations and approach of the court have a compounded effect, making it incredibly potent. The result was unsurprising, given that the contrary. Both the treaties of the european union eu and the secondary legislation from eu institutions are currently issued in twentythree different language versions. Assume, for example, that a statute mandates that all motor vehicles travelling on a public roadway must be registered with the department of motor vehicles dmv. Empedocles luck or chance, democritus necessity or spontaneity, anaxagoras intelligence or mind, and plato art and form. A teleological approach to legal dialogues request pdf. Teleological approach teleology is a philosophical concept, which is used in instating or supporting the existence of god based on apprehended proof of order. Jan 15, 2018 in fact, however, it bears a striking resemblance to the approach taken by the courts in sixteenth century england, where a very similar debate about interpretation was playing out. Acquire an understanding of the principles of common law system within the students own legal system and how it affects their business life. Together, the two books reflect a modular approach to studying and teaching eu law. As the content of this book is primarily doctrinal, legal and critically analytical of eu law and the court of justice, the intended audience for the book is for academics, academic libraries, undergraduate and postgraduate eu law students as supplementary reading. Fifty years of multilingual interpretation in the european union.
The teleological argument moves to the conclusion that there must exist a designer. Statutory interpretation advantages and disadvantages. Drawing on their wealth of experience both teaching and writing in. The abc of european union law pdf 140p by professor klausdieter borchardt file type. The interpretation of community law by the european court of. Dahlberg, direct taxation in relation to the freedom of establishment and the free movement of capital 2005. Apr 30, 20 the chapter will conclude with highlighting how the religious nature of shariah rules certainly challenges the enforcement of eu law on business conduct, as well as of eu contracting rules in the services providerclient relationship. Challenge facing the european court, in year book of european law 10. The provisions of this article shall apply to any body through which a member state, in law or in fact, either directly or indirectly supervises, determines or appreciably inf luences imports or exports between member states. The european court of justice, more than a teleological court. I was asked to critically assess the handbooks global history approach, that is, to assess whether it was a successful step in overcoming eurocentrism in the history of international law. U national court, faced with question over interpretation or validity of piece of e.
The court of justice of the european union cjeu is one of the most active judicial bodies in the world, delivering over 26,000 judgements since its creation. More specifically, paunio tackles the difficult relationship between. Acquire a knowledge of the legal environment in which businesses operate in the domestic and international market place. Law wp template 20 2012 cadmus eui research repository. According to its court of justice, the eu represents a new legal order of international law. Discrepancies between these versions both jeopardize their equal authenticity, and make a uniform interpretation and application of eu law in all eu member states more difficult. Opponents of the approach say that only the words of the act can show parliaments true intention and judges using the purposive approach ignore these words.
A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. The reader will of course have to await the book s publication for an appropriately extensive consideration of the difficult but fascinating rule of law democratic theory issues raised by these three respective judicial approaches. A theocentric and teleological approach matthew levering natural law theory is controversial today because it presumes that there is a stable human nature that is subject to a law. Baquero cruz, between competition and free movement. The work was published at a time when international law was being created as a professional practice in european law schools and. Mar 16, 2019 the word deontological is derived from the greek word deon, which means the moral necessity 3 and relates to an obligation or duty. A second approach is more properly philosophical and has two parts. Domestic courts and the interpretation of international law. Various approaches to statutory interpretation may be applied under european union law, including literal, contextual, comparative and teleological methods. Download pdf the legal reasoning of the court of justice. It might be interesting, firstly, to briefly examine the reasons for the birth and ex. The teleological style of interpretation is based on the purpose, direction or design of the textlegislation faced by the courts.
The method is applied by the european court of human rights too. The existence of these goods implies certain requirements or hypothetical necessity. The interpretation of eu law in light of the constitutional traditions common to. The teleological style of interpretation is based on the purpose, direction or design of. Pdf in this contribution i put forward the argument that 1 the application of the. Fundamental values of the european union, the constitution of the european union, the legal order of the eu, the position of union law in relation to the legal order as a whole. Legal reasoning of the court of justice in the context of. The inference from design to designer is why the teleological argument is also known as the design argument. These principles are based on other rules such as article 6 of the convention for the protection of human rights and fundamental freedoms which provides that everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. The method of teleological interpretation may be defined as the method of interpretation used by courts, when they interpret legislative provisions in the light of the purpose, values, legal, social and economical goals these provisions aim to achieve. The abc of european union law pdf 140p download book. Several studies have been published on the supposed activist role of the european court and as many or more have been written in defence of the court. Eu competition law rules applicable to antitrust enforcement. The special role of the european court of justice 6.
It is sometimes suggested that lord hoffmanns approach is an aberration in the common law of contract, which has consistently prioritised the meaning of the words over the parties apparent intentions. A book of this type cannot of necessity provide an indepth account of the eu. Essential eu law in charts and essential eu law in text. The article gives an account of the legal reasoning of the european court of justice.
Aristotle tries to coopt each of these factors into his naturalistic teleology by an a. Flawed rules of statutory interpretation law teacher. The limits of legal reasoning and the european court of justice, by gerard conway. Statutory interpretation is the process of resolving those ambiguities and deciding how a particular bill or law will apply in a particular case. The chapter will conclude with highlighting how the religious nature of shariah rules certainly challenges the enforcement of eu law on business conduct, as well as of eu contracting rules in the services providerclient relationship. Download pdf the legal reasoning of the court of justice of. Sources and scope of european union law the european union has legal personality and as such its own legal order which is separate from international law. The purposive approach may be the dominant approach when interpreting uk statutes.
The final section concludes that theory has become less compartmentalized by school and empirical research has become more rigorous over the past decade. Natural law theory is controversial today because it presumes that there is a stable human nature that is subject to a law. The book may also be of relevance to policy makers involved in shared policy areas. Introduction to historical interpretation freie universitat. Moreover, the purpose as teleological reasoning is taken into. The eu constitutional treaties most importantly the treaty on european union teu and the treaty on the functioning of the european union tfeu govern an institution with a blended legal character that is unique in international law. Matthew levering argues that natural law theory makes sense only within a broader worldview, and that the bible sketches both such a persuasive worldview and an account of natural law that offers an exciting portrait of the moral life. The european court of justice, more than a teleological. These developments arguably comport both with a contemporary global consumer who is less reliant on linguistic forms of communication and with postmodern scholarship regarding the varied sources and development of meaning. Varieties of european economic law and regulation pp. We use cookies to offer you a better experience, personalize content, tailor advertising, provide social media features, and better understand the use of our services.
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