The subject and object in the interpretation of EU law (CROSBI ID 72629)
Prilog u knjizi | izvorni znanstveni rad
Podaci o odgovornosti
Rodin, Siniša
engleski
The subject and object in the interpretation of EU law
Author problematizes, from the perspective of EU law, roles of different actors, subjects of legal interpretation, and the relationship between them and legal rules as objects being interpreted by them. It is suggested that different temporal and contextual frameworks within which interpretation takes place affect communication between the CJEU and its critics. Based on Feyerabend’s understanding of tradition, the author argues that concepts of transparency, clarity, coherence, dissent and docket control cannot be understood as tradition-free and that, for that reason, the Court as original subject and the critic as contemporary subject of interpretation operate within different referential frameworks. Adequacy of functional comparative method is also questioned, on grounds that courts, as objects of critique, operate within different traditions.
interpretation ; critique ; methodology ; transparency ; CJEU ; procedure ; tradition
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Podaci o prilogu
31-44.
objavljeno
10.4337/9781786435743.00009
Podaci o knjizi
Framing the Subjects and Objects of Contemporary EU Law
Bardutzky, Samo ; Fahey, Elaine
Cheltenham : Northampton (MA): Edward Elgar Publishing
2017.
978-1-78643-573-6