L’evoluzione delle tecniche di interpretazione del diritto dell’Unione: tra tendenze passate e sviluppi recenti

A sectorial analysis of the case law of the European Court of justice led from a “longue durée” perspective shows development in terms of interpretative techniques that can be used to interpret EU law. The underlying thesis of this analysis is that these techniques have evolved from a “closed method” to one, at least partially, “open”, in which the use of “extra-textual” elements of interpretation and in particular of preparatory works of EU law is increasing. This transformation, far from representing the refinement of a series of rhetorical expedients, reflects the state of the evolution of the system as a whole and the conceptions that the judges assume on it. As a consequence, it deserves to be understood in light of the systematic changes that have recently taken place in the post-Lisbon era.