Legal interpretation in decisions of the Court of Justice of the European Union: A study of the judgment of 22 December 2022, Case C‑61/21

Abstract

This paper seeks to understand the criteria for legal interpretation in decisions of the Court of Justice of the European Union based on the theoretical references of Savigny and Castanheira Neves. Although the issue of the judicial application of law has been the subject of study of several thinkers, such as Gramsci, Herbert Hart, Rudolf von Ihering and Hans Kelsen, the works published by these authors were primarily dedicated to understanding the decisions of national courts. In this sense, this article seeks, in some way, to contribute to the understanding of the criteria for legal interpretation within the European Union, strengthening this area of ​​study within the scope of Union Law.