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Semantic autonomy of EU law as an argument in EU legislation and practice of the Court of Justice of the European Union
March 4, 2015 @ 12:15 pm - 1:15 pmFree
unch seminar with Tomasz Stawecki
Dr hab. Tomasz Stawecki, Professor at the Faculty of Law and Administration, University of Warsaw. Head of the Department of Philosophy of Law and State. Teaches theory of law and philosophy of law (since 1980), and also runs specialized courses on legal interpretation and argumentation. Besides legal theory, his research interests include constitutional law and social legal studies. Graduate of University of Warsaw, he also conducted research studies i.a. in Oxford, Washington D.C., Florence and Moscow. An author of about 100 publications, supervisor of 4 successful doctoral, and of a number of master theses. Active member of the International Association for Legal and Social Philosophy (IVR); since 2011 – member of the (International) Executive Committee. Active in legal practice as a counsel at international law firms and as a consultant to the Polish Parliament, Polish Government, the National Bank of Poland and other public institutions (since 1991).
“Semantic autonomy of EU law as an argument in EU legislation and practice of the Court of Justice of the European Union”
Among the number of theories of interpretation of the EU law or recommendations in that field, there is a concept of the autonomous interpretation of EU law. In the most general terms, the autonomous interpretation of EU law means that the Court of Justice is authorised and obliged, while interpreting EU law, to select such meaning of particular words or expressions, which is independent from interpretative practices of courts in the member countries. What is the status of such theories, what assumptions constitute foundations of such theories, and what practical impact they might have for the practice of the Court of Justice?