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20 Colum. J. Eur. L. 3 (2013-2014)
To Say What the Law of the EU Is: Methods of Interpretation and the European Court of Justice

handle is hein.journals/coljeul20 and id is 183 raw text is: TO SAY WHAT THE LAW OF THE EU IS: METHODS OF INTERPRETATION AND THE EUROPEAN COURT OF JUSTICE Koen Lenaerts* Josd A. Gutidrrez-Fons The purpose of this contribution is to examine the methods of interpretation followed by the European Court of Justice (ECJ). To that effect, it is divided into three parts. After a short introduction, Part II looks at each of the classical methods of interpretation endorsed by the ECJ in CILFIT, i.e. textualism, contextual interpretation and teleological interpretation. In particular, it focuses on determining the limits that are applicable to each one of those methods. Part III is devoted to exploring the principle of consistent interpretation of EU law in light of international law and the constitutional law ofMember States. In this regard, it examines the question whether the ECJ has managed to accommodate the principle of consistent interpretation with the constitutional autonomy of EU law. Part IV follows a selective approach that focuses on determining the interpretive value of the Explanations Relating to the Charter of Fundamental Rights of the European Union. Finally, a brief conclusion supports the contention that none of the methods of interpretation applied by the ECJ should be examined in isolation. Where the EU law provision in question is ambiguous, obscure or incomplete, all the methods of interpretation employed by the ECJ operate in a mutually reinforcing manner. It follows from that combined application of the ECJ's methods of interpretation that the philosophical foundations of EU law are not those of a hierarchical legal order where interpretation is the result of a top- down and dogmatic approach. On the contrary, to say what the law of the EU is involves a complex balancing exercise which must be carried out in a pluralist environment allowing for a mutual exchange of ideas. Vice-President of the Court of Justice of the European Union, and Professor of European Union Law, University of Leuven. Legal Secretary at the Cabinet of the Vice-President. All opinions expressed herein are strictly personal to the authors.

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