The Cumulative Interpretative Approach of the Court of Justice: Friend or Foe in Criminal Matters?

This article explores the interpretative methodology of the Court of Justice in the field of judicial cooperation in criminal matters, a policy area that is highly sensitive for Member States. Building on the empirical work of Beck and Dederichs, the study analyses 336 preliminary rulings delivered in 2023 together with 61 Justice and Home Affairs (JHA) cases from 2018 to 2023. Four main interpretative methods are identified, textual, systemic, teleological, and historical, and their prevalence, combination, and weight are assessed. The findings confirm the persistence of a ‘cumulative’ (Beck) interpretative approach, in which several methods are combined without hierarchy. Systemic and textual reasoning dominate, teleological arguments are particularly common in JHA cases, and historical reasoning is rare. The article concludes that while this cumulative methodology enables flexibility and coherence, it also generates interpretative unpredictability, which in the sensitive field of criminal law may endanger legal certainty, Member State trust, and the legitimacy of EU integration.

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Publication Details

Journal
European Criminal Law Review
Published
2025-01-01
DOI
https://doi.org/10.5771/2193-5505-2025-2-220
Primary Topic
European and International Law Studies
Type
article
Field-Weighted Citation Impact
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article

The Cumulative Interpretative Approach of the Court of Justice: Friend or Foe in Criminal Matters?

Lou Vanbeselaere
European Criminal Law Review
European and International Law Studies
article

The Cumulative Interpretative Approach of the Court of Justice: Friend or Foe in Criminal Matters?

Lou Vanbeselaere
article en

Abstract

This article explores the interpretative methodology of the Court of Justice in the field of judicial cooperation in criminal matters, a policy area that is highly sensitive for Member States. Building on the empirical work of Beck and Dederichs, the study analyses 336 preliminary rulings delivered in 2023 together with 61 Justice and Home Affairs (JHA) cases from 2018 to 2023. Four main interpretative methods are identified, textual, systemic, teleological, and historical, and their prevalence, combination, and weight are assessed. The findings confirm the persistence of a ‘cumulative’ (Beck) interpretative approach, in which several methods are combined without hierarchy. Systemic and textual reasoning dominate, teleological arguments are particularly common in JHA cases, and historical reasoning is rare. The article concludes that while this cumulative methodology enables flexibility and coherence, it also generates interpretative unpredictability, which in the sensitive field of criminal law may endanger legal certainty, Member State trust, and the legitimacy of EU integration.

European Criminal Law ReviewVol. 15(2)
Openalex Percentile: Top 67%
European and International Law Studies
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The Cumulative Interpretative Approach of the Court of Justice: Friend or Foe in Criminal Matters? — Lou Vanbeselaere · European Criminal Law Review (2025) | TGRS Research Map | TGRS