Travauxto the EU Treaties: Preparatory Work as a Source of EU Law

Abstract

The Court of Justice of the European Union has historically rejected references to preparatory work in the interpretation of EU Treaties. However, the preparatory work for the EURATOM, Maastricht, and Constitutional Treaties have played a role in recent judgments. The 'explanations' to the Charter of Fundamental Rights are expressly approved in the current Treaties. We examine the emerging case law on preparatory work. Reference to the drafters' intent does not necessarily support dynamic interpretation, and may potentially even ossify historical interpretations. Even if the consequence of their introduction is a conservative interpretation, their use raises questions of transparency and democracy, and complicates the already difficult task of interpreting the EU constitution.

The right to revoke withdrawal notices from international organizations: The case of Brexit and the European Union

“…201 Thirdly, the CJEU had recourse to travaux préparatoires, of the Constitutional Treaty, 202 which was rather unusual. 203 It follows from the above that the CJEU did not consider Article 50 TEU to be a self-contained provision. It reflects the Advocate General's opinion that it is 'not a self-contained provision which exhaustively governs each and every detail of that withdrawal process' but that to fill the gaps in it recourse could be had to Article 68 VCLT.…”