对欧盟法律解释方法的思考

IF 0.4 Q3 LAW
Davor Petrić
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引用次数: 0

摘要

在许多法律制度中,解释方法是不成文的习惯规范。因此,它们取决于法律官员的一贯做法以及他们是否接受这些方法具有约束力。其中,最重要的是法官。欧盟法律体系的特点是两级司法体系,由欧洲法院和各国法院组成。欧洲法院对欧盟法律解释方法的发展有最终决定权。各国法院在自行解释欧盟法律时,必须接受并适用这些方法。这对于确保欧盟法律的统一性和有效性至关重要。因此,欧洲法院需要通过与各国法院的对话来发展解释欧盟法律的方法。在特定情况下如何使用任何解释方法取决于指导其使用的道德和政治价值观。欧盟法律秩序的内在特征是价值多元化。这意味着,尽管欧盟及其成员国可能会正式承认相同的宪法价值观,但他们的观念可能会有所不同。为了使统一的欧盟法律在所有成员国产生同样的效果,各国法院必须使用特定的解释方法来解释欧盟法律,这些解释方法是由与这些方法相关的欧盟价值观所告知的。因此,这些欧盟价值观同样也必须得到各国法院的认同,无论他们何时解释欧盟法律。欧盟的这些价值观不仅是由法院在与各国法院的对话中确定的,而且是由欧盟法律秩序中其他超国家和国家的机构参与者确定的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A Reflection on the Methods of Interpretation of EU Law
Abstract In many legal systems, methods of interpretation are unwritten customary norms. As such, they depend on consistent practice of legal officials and their acceptance of those methods as binding. Among them, the most important are judges. The EU legal system is characterised by a two-tier judiciary, composed of the Court of Justice and national courts. The Court of Justice has the final word regarding the development of the methods of interpretation of EU law. National courts are required to accept and apply those methods when they interpret EU law on their own. This is essential for ensuring uniformity and effectiveness of EU law. The Court of Justice therefore needs to develop the methods of interpretation of EU law through a dialogue with national courts. How any method of interpretation will be employed in a particular case depends on moral and political values that inform their use. The inherent characteristic of the EU legal order is value pluralism. This means that although the same constitutional values are likely to be formally recognised in the EU and its Member States, their conceptions may nonetheless vary. To have uniform EU law that produces same effects in all Member States, national courts have to interpret EU law by using particular methods of interpretation informed by EU conceptions of values that are associated with those methods. So, these EU values likewise have to be shared by national courts whenever they interpret EU law. What these EU values are is determined not only by the Court of Justice in a dialogue with national courts, but with other institutional actors, supranational and national, in the EU legal order.
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CiteScore
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