Martin Brenncke, The European Legal Duty of Conforming Interpretation. Methods and Limits in English and German Courts, INTERSENTIA, 2018
How far do contemporary English and German judges go when they interpret national legislation in conformity with an EU directive? The European Legal Duty of Conforming Interpretation analyses whether the outer techniques and limits of conforming interpretation deviate from, fall short of or surpass those of other national modes of statutory construction. It answers the question whether these techniques and limits go further than the Court of Justice of the European Union requires. It shows a converging trend in English and German judicial practice and presents factors explaining this development.
This book provides a new perspective on the harmonising effect of the EU legal duty of conforming interpretation. It argues that the Court of Justice of the European Union has set up autonomous European methodological rules which interact with national legal methods and impact on their development.
The European Legal Duty of Conforming Interpretation is the first monograph in English that compares English and German legal methodology as applied in legal practice, appealing to those interested in statutory interpretation, comparative law, (European) legal methodology and/or European law.