Europeanisation of methodology of the EU legal duty of conforming interpretation

The increasing influence of EU law on national legal methods has been an ongoing issue in research and practice. The question regarding whether and to what extent the European legal duty of conforming interpretation (Marleasing principle of conforming interpretation) modifies national principles of statutory interpretation is in the front line of discussions. Case law of national courts is regularly preoccupied with this question. According to prevailing legal doctrine, a national judge is required to interpret domestic legislation within the scope of EU law solely according to national legal methods. However, it can be observed that the Court of Justice of the European Union intervenes in the methodology of conforming interpretation. In doing so, it behaves in an ambiguous manner. On the one hand, the CJEU refers to national legal methods. On the other hand, it has set up autonomous European methodological rules, which national courts have to observe. Therefore, it is necessary to establish the relationship between the European methodological rules and domestic legal methods. From this, it is possible to classify the EU legal duty of conforming interpretation as a hybrid instrument which provides an example of European legal pluralism. Finally, an outlook on the future of the European methodological rules will be presented.

The meeting will be held in Lecture Room XI, Brasenose College