Lunch seminar with Greta Spano
The autonomous interpretation of concepts of EU law and its implementation. A legal-linguistic perspective
This research examines the autonomous interpretation of concepts of EU law before the Court of Justice of the European Union and the influence on their national counterparts. By this interpretative technique, the Court of Justice defines and interprets a new terminology, specific to the European legal order, which is independent from both any national and international meaning.
The aim of this research is to answer the question on whether, and if so, to what extent the Italian and French legal terminology have been influenced by the autonomous interpretation of the ECJ.
In this framework, this research will examine both the circulation of autonomous concepts in the European legal order and their influence on the national legal system. First of all, it will investigate the creation of such concepts by the legislative power, and particularly the process of resignification on the French, English and Italian versions of acts. Secondly, this project will analyse the reasoning of the Court of Justice of the European Union on the autonomous interpretation and its evolution through its case law.
The focal point of this research is that law is a linguistic phenomenon, which is strictly connected to the culture of a legal order; in this context, a descriptive approach of the case law of both the Court of Justice and national courts seems to be more suitable to describe this process of evolution of concepts. In this respect, the comparative approach will be applied in a double level; first, to analyse the autonomous interpretation of the Court of Justice in relation with the national notion, as so to observe if there is an influence over the national counterpart. Second, to study the Italian and the French reaction to such process, in order to understand if the two legal cultures differ in the influence of these concepts.
Speaker bio
Greta Spanò is a third-year PhD researcher at the European University Institute (EUI, Florence).
Her main interests include the fields of legal history, comparative law, translation studies and the ECJ.
Her research at the EUI concerns the autonomous interpretation of concepts by the Court of Justice of the European Union and the implementation on Member States.
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https://ucph-ku.zoom.us/j/62350806143?pwd=WmU2SjY2VTArQzIrVHVtV1l6TysyUT09
Meeting ID: 623 5080 6143
Passcode: 573469