Ambiguity in EU Law: A Linguistic and Legal Analysis Kartalova Sofiya
Ambiguity in EU Law: A Linguistic and Legal Analysis Kartalova Sofiya Ambiguity - an expression or utterance giving rise to at least two mutually exclusive interpretations - has been traditionally…
Specifikacia Ambiguity in EU Law: A Linguistic and Legal Analysis Kartalova Sofiya
Ambiguity in EU Law: A Linguistic and Legal Analysis Kartalova Sofiya
Ambiguity - an expression or utterance giving rise to at least two mutually exclusive interpretations - has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU's willingness to exert judicial restraint for the benefit of judicial co-operation.This ground-breaking work challenges some of the theoretical assumptions about ambiguity in EU law and puts forward a more accurate and complete theory about the CJEU's strategic use of ambiguity. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism.