European Union Law( EU Law) - The method of Interpretation Used by the EU
The ECJ is no different from any other court in the world in having a choice in how it approaches interpretation. There are three primary approaches: Literal. typical dictionary definition favored by English courts but rejected by the ECJ. This approach is unworkable due to the multilingual environment. Contextual. Consider EU law overall rather than simply the specific item of legislation. Purposive. Interpret the law in a way that advances the Union's goals the greatest. Due to the inclusion of a "preamble" outlining the goals and objectives of the legislation, EU legislation (whether primary or secondary) lends itself to this method. The ECJ typically adopts a "teleological" approach, which is a synthesis of the second and third techniques. The following excerpt from Re Adidas AG (Case C-223/98) [1999] ECR I-7081 summarizes the position: "When interpreting a provision of [EU] legislation, it is important to take into account not just the words used, but also the context in which they are used and the goals of the laws they are a part of." Preference must be given to one interpretation when there are multiple ways to read a provision of [EU] law but only one can guarantee that the provision will continue to be effective. The ECJ can modernize the law and respond to new social and political events by employing the teleological method.
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