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A hybrid methodology for the EU principle of consistent interpretation

Abstract:

This article examines the legal methodology that courts have to employ when they construe domestic law in accordance with European Union directives. It demonstrates that the Court of Justice of the European Union (CJEU) has set up autonomous ‘European methodological rules’. These rules apply together with national legal methods. The relationship between both regimes can be described with the concepts of overlapping, intervention, and Europeanization from the inside. The article thus holds tha...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1093/slr/hmw048

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Department:
Oxford, SSD, Law
Publisher:
Oxford University Press Publisher's website
Journal:
Statute Law Review Journal website
Volume:
39
Issue:
2
Pages:
134–154
Publication date:
2017-01-10
Acceptance date:
2016-12-09
DOI:
EISSN:
1464-3863
ISSN:
0144-3593
Pubs id:
pubs:664888
URN:
uri:64c5c314-64b6-44fd-b29f-fad5221e7d97
UUID:
uuid:64c5c314-64b6-44fd-b29f-fad5221e7d97
Local pid:
pubs:664888

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