Identifying Intent

Abstract

Abstract This chapter explains how legal officials should interpret legislation if they want to understand and respect its intended meaning and consequences. It refutes both the instrumental interpretation of legislation—the idea that legislation must be interpreted with the aim of achieving desirable results—and purposive legislative interpretation. The chapter argues that while there is more agreement on the meaning of European Union (EU) law than is often thought, legislation must necessarily be read literally. Literal interpretation may not allow the identification of the intention in a legislative act. Instead, the object of interpretation should be the legislative intent in a provision. Legislative intent can be discerned by placing the meaning of the legislative text in the context in which the EU legislature expressed itself. This context includes other provisions of EU law and the objectives and state of evolution of legislation.