Legal Interpretation in the EU Law Perspective:
General Model and the Context of Penal Law
Legal Interpretation in the EU Law Perspective:
General Model and the Context of Penal Law
Author(s): Leszek LeszczyńskiSubject(s): Criminal Law, EU-Legislation
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: European Union; rules of judicial interpretation; principle of consensual interpretation; interpretation of criminal law; influence of CJEU case law;
Summary/Abstract: The purpose of the study is to analyze the most important peculiarities occurring in the interpreta-tion of EU law in the light of the general (classical) model of law interpretation developed in doctrineand judicial practice in national legal orders. This is because, despite the relationship between the twomodels of interpretation, the characteristics of EU law are the basis for the formation of the distinctive-ness of interpretative practice. The latter, assuming that the arrangement of the interpretation processitself does not show significant differences, is analyzed both in the context of the set and role of thesources of law used in judicial interpretation, from which the norms of EU law are reconstructed, aswell as the role of the individual rules of interpretation and the mutual relations between them. Thisanalysis allows us to shed light in the last part of the study on the characteristics of the interpretationof criminal law (substantive and procedural), which, although normatively regulated mainly at thelevel of the law of a member state of the European Union, implements the principle of interpretationconsensual with the EU law, being influenced in a significant extent by the case law of the Court ofJustice of the European Union.
Journal: Studia Iuridica Lublinensia
- Issue Year: 33/2024
- Issue No: 5
- Page Range: 179-196
- Page Count: 18
- Language: English