By David Medhurst
This e-book is designed to be a brief consultant to eu Union legislation and explains the way it can be used for functional impact. it truly is written in a transparent type for practitioners who're in a rush to grasp the topic, and includes precedents of the types of files they could need to arrange. It explains the elemental legislation, the fundamental techniques, the approach and the jargon in a fashion that attorneys new to the topic will locate effortless to appreciate. it is going to supply them the solutions they want quickly. all through, there's wide connection with case law.
The new version has been revised take into consideration the 1997 Amsterdam Treaty, which consolidated and renumbered the articles of the Union Treaty and included the Social constitution. It additionally covers fresh case legislations and alterations to pageant legislations.
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Extra info for A Brief and Practical Guide to EU Law
There are several problems with this optimistic vision. One is, that strictly speaking, the mere circumstance that all interpreters use the same interpretive rule can never mean more than that they actually use the same interpretive device. The unity this seems to create is a mere simulacrum of unity, for it will still mean that trade rules will be given a trade-friendly interpretation, and human rights rules will be given a human rights interpretation. 67 To posit a facile, but apt, analogy: to insist that everyone uses the same interpretive device is akin to suggesting that everyone should ride a bike, but without there being any agreement as to where all these people should cycle to or which side of the road they should use.
See Frederick Schauer, Playing by the Rules: A Philosophical Examination of Rule-based Decision-making in Law and in Life (Oxford: Clarendon Press, 1991), 219. 32 For an application to international law, see Ian Johnstone, ‘Treaty Interpretation: The Authority of Interpretive Communities’, Michigan Journal of International Law 12 (1991): 371–419. 33 More structural still: “By denying knowledge of both subjective and objective meanings, theories of treaty interpretation become a perpetuum mobile which allow challenging each proposed interpretation as ‘subjective’.
Second, the idea of there being rules of interpretation would seem to suggest that behind the text, there lies, however deeply hidden perhaps, a single, unitary meaning that can be uncovered (excavated, more like) if only we have the right tools and dig hard and deep enough. This may or may not be plausible when it comes to literary texts. After all, these typically have but a single author, so at least it must be possible – in theory, and always assuming this will be of interest and that interpretation is the search for an author’s intended meaning – to figure out what that single author may have had in mind.
A Brief and Practical Guide to EU Law by David Medhurst