Teleological Interpretation Research Articles

Management of Tanah Laba Pura as a Supporting Facility for Tourism in Ubud Village

ABSTRACT This paper aims to find an ideal concept in managing Tanah laba pura to support tourism and provide benefits for the temple itself and for tourism. The problems discussed are how the conversion of Tanah laba pura is used as a means of supporting tourism and how the legal protection of Tanah laba pura is used as a means of supporting tourism in Ubud Village. The type of research used is empirical legal research, with a statute approach, a conceptual approach, and a sociological legal approach. The sources of research data are primary and secondary data sources. Furthermore, it is analyzed using sociological or teleological interpretation analysis techniques. The results of the study show that the benefits of converting Tanah laba pura in Ubud Village are to repair and maintain the temple building, to cover all religious ceremonial activities of the temple such as piodalan, to help the krama desa in the cost of repairing and maintaining the temple building, and to support tourism facilities in improving the quality of tourism in Ubud. Legal protection of temple land used as a means of supporting tourism in Ubud Village is regulated in the Decree of the Minister of Home Affairs No. SK.556/DJA/1986, where temples are declared as state legal entities that can own land with ownership rights

The role of administrative courts in ensuring legal security for marriage and family: comments in the context of article 18 of the Constitution of the Republic of Poland

The article is devoted to the role of administrative courts in ensuring the legal security of an individual in the area of family law. The aim of the analysis is to demonstrate the guarantee of the preservation by the Polish constitutional legislator of the traditional form of marriage as a union of a woman and a man and the family created on this basis (Article 18 of the Constitution of the Republic of Poland). The article discusses the essence of legal security and the role of administrative courts in ensuring it, as well as the guarantee nature of the regulations of Article 18 of the Constitution of the Republic of Poland. Against this outlined background, the thesis on the inadmissibility of institutionalization of same-sex unions is argued. Problems resulting from the judicial practice of administrative courts related to the transcription of a child's birth certificate are also discussed. The scientific research was conducted by using traditional methods of jurisprudence, primarily the formal-dogmatic method. The linguistic, systemic and teleological interpretation of Article 18 of the Constitution of the Republic of Poland was applied. The directions of operational interpretation resulting from the case law of administrative courts were discussed. The views found in the literature on the subject (doctrinal interpretation) were taken into account, too. According to the author, the perspective of legal security strengthens the arguments stemming from the linguistic and historical interpretation of Article 18 of the Constitution and allows for a better justification of the inadmissibility of institutionalizing same-sex unions by means of a statute. Such a procedure seems particularly useful in the face of the growing tendencies in the law of other countries to eliminate the traditional form of marriage as a union of a woman and a man.

The Pillar 2 Directive and the Qualified Domestic (Minimum) Top-up Tax Puzzle

The article argues for using a teleological interpretation of the Pillar 2 Directive to allow EU Member States to comply with Pillar 2’s soft law requirements for the qualified domestic minimum top-up tax (QDMTT) and its safe harbour (SH). This interpretation is necessary because the directive’s text is not aligned with certain requirements under Pillar 2 soft law since the directive was adopted before the Inclusive Framework issued any administrative guidance. Without the teleological interpretation, EU Member States cannot comply with the qualified domestic top-up tax (QDTT) requirements and, therefore, cannot attain its SH. This would decrease taxpayers’ legal certainty and undermine EU Member States’ fiscal interests.To pursue the argument, the article analyses Pillar 2’s soft law, i.e., the model rules, the commentary, and two sets of administrative guidance related to the QDMTT and its SH, and compares their provisions with the relevant provisions of the Pillar 2 Directive. Consequently, the study offers solutions to discrepancies between these two sets of rules and joins a broader discussion regarding the relationship between EU tax law and soft law.

Excusing child offenders: a victim justice perspective

This paper aims to explore the essence of the excuse defense for child offenders and justice for victims. In uncovering its meaning, doctrinal research is conducted with a legislative and conceptual approach, accompanied by a teleological interpretation of legal materials. The research findings indicate that the excuse defense is granted to children under the age of 12 who commit criminal offenses not because their actions are forgiven but due to their inability to form intent or comprehend the consequences of their actions. On the other hand, victims, as the injured party, must also receive justice. The author believes that the government should reconsider the application of the excuse defense for children. The government must also be more selective in determining appropriate sanctions for children based on the nature of the crime committed. If the child's actions result in significant material or immaterial harm, restorative justice may serve as a viable option to balance the interests of both parties, restore the victim's situation, and divert the child from judicial proceedings, thereby achieving a win-win solution.

Interpretasi Hukum Mutatis Mutandis Dalam Pembentukan Peraturan Daerah

Introduction: In the formation of regional regulations, one must look at the needs and existence of the region by prioritizing community welfare as an instrument in implementing regional regulations. This results in the formation of regional regulations having to be based on regional needs, not on legal rules, bearing in mind that application mutatis mutandis is the basis in seeing that need.Purposes of the Research: This writing aims to determine the study of mutatis mutandis legal interpretation in the formation of regional regulations. Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials and tertiary legal materials. The technique for collecting legal materials is through literature study and then analyzed through perspective using qualitative methods.Results of the Research: With the interpretation methods used such as literal, historical, systematic, teleological interpretation, or comparison with other laws. So that the formation of regional regulations by applying the mutatis mutandis principle becomes the main point in the formation of regional regulations based on more specific community needs, bearing in mind that this is useful for speeding up and making efficient the process of forming regional regulations.

이른바 ‘정범 배후의 정범’에 대한 일고(一考) - ｢국제형사재판소에 관한 로마규정｣ 제25조 제3항 ⒜의 해석과 관련하여 -

According to Article 25 ⑶⒜ of the ICC Statute, indirect perpetration requires that the perpetrator commits the offence ‘through another person’, regardless of whether that another person is criminally responsible. In this regard, the decisions of the ICC note that, the provision appears to contemplate two possible forms of indirect commission: one arising from a person as a mere instrument who does not bear criminal responsibility and another brought about by a criminally responsible person charged with an intentional crime (‘the perpetrator behind the perpetrator’). Furthermore, the ICC interprets the concept of ‘the perpetrator behind the perpetrator’ to include using an organised apparatus of power for making another person commit a crime (‘perpetrator’s ccontrol over an organisation’). Such an interpretation is based on the terms of of Article 25 ⑶⒜ of the ICC Statute, but above all, it is meaningful in that it values the aims of of the ICC Statute. Such teleological interpretation is thought to have great implications for understanding the characteristics of the perpetration by means, but it would be difficult to recognize ‘the perpetrator behind the perpetrator’ as a form of indirect perpetrator pursuant to Article 34 ⑴ of the Korean Penal Code. However, if the conceptual extension of an indirect perpetration is considered to affect the aggravated forms of abetting the commission of a crime under Article 34 ⑵ of the Korean Penal Code, ‘the perpetrator behind the perpetrator’ can be discussed as indirect perpetration pursuant to Article 34 ⑵, so to speak, as indirect perpetration in a broad sense.

Особенности рассмотрения запроса третейского суда о содействии в получении доказательств

International Commercial Arbitration is subject of Article 27, Law of the Russian Federation No. 5338‑1, July 07, 1993, while Arbitration Proceedings in the Russian Federation are described in Article 30, Federal Law No. 382-FZ of December 29, 2015. If a dispute settlement goes to institutional arbitration, a party or an arbitration court has the right to apply to a competent court with a subpoena of evidence. This article features the publication and execution of subpoena of evidence by arbitration court for the recovery of evidence. This category differs from other arbitration proceedings in that it requires a procedural appeal that initiates the proceedings, i.e., the subpoena of the arbitration court, and an applicant, i.e., the institutional arbitration court that is seeking assistance in the dispute. The author used the methods of teleological interpretation and functional analysis to justify the admissibility of normative provisions that exclude the right to issue a subpoena by ad hoc arbitrators and to send subpoena of evidence directly by the parties to the arbitration proceedings. The parties to the arbitration should be involved as interested parties. The applicant and the stakeholders have limited procedural rights and obligations since the court neither carries out jurisdictional activities nor considers the dispute per se, but coordinates assistance functions. As a result, some procedural shortcomings make it impossible to clarify the form and content of subpoena, as well as the type and content of documents that should be attached to it, e.g., an arbitration agreement, a state fee payment confirmation, a resolution on the arbitral panel, etc. The author also analyzed grounds for refusal to execute a subpoena of evidence. Excessive discretion and Delphic language should not violate the rights and legitimate interests of third parties, thus preventing them from participating in the arbitration.

A new agenda for antitrust: human rights violations as anti-competitive conduct

Abstract This study aims to establish a connection between human rights violations and unlawful conduct as defined by antitrust laws. To this end, it proposes a systematic teleological interpretation of the Brazilian legal system regarding human rights and competition laws to demonstrate that the Administrative Council for Economic Defence (CADE) has the authority to address human rights violations when enforcing antitrust provisions.

KEPASTIAN HUKUM PENGAWASAN KOPERASI TERKAIT KESALAHAN PENGELOLAAN KOPERASI DAN TANGGUNG JAWABNYA.

The duties of the Cooperative Supervisor include supervising the implementation of the policy and management of the Cooperative, with the duties attached to his position, of course the Cooperative Supervisor can prevent any form of deviation in the management of the Cooperative's business to achieve the objectives of the Cooperative. In reality, not a few of the Cooperatives experienced mismanagement of the Cooperative's business which resulted in the failure of the refund of Members deposits by the Cooperative. The mismanagement of the Cooperative's business has a correlation with the Cooperative's internal supervisory function. The formulation of the problem in this research is how is the responsibility of the Cooperative Supervisor related to the mismanagement of the Cooperative? and How is the legal position of the Cooperative Supervisor related to the mismanagement of the Cooperative? The theories used as an analytical tool in this research are legal certainty and legal liability. The method used in this research is normative juridical research, namely library legal research or secondary data with primary, secondary and tertiary legal sources. The research approach used is a statutory approach, case approach, conceptual approach and analytical approach, with legal material collection techniques carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal material. For legal material analysis techniques carried out by systematic interpretation and teleological interpretation. From the results of the research, it can be concluded that in supervising the implementation of the policy and management of the Cooperative, the Cooperative Supervisor is responsible to the Members' Meeting. The Cooperative Supervisor can be held accountable in the event of mismanagement of the Cooperative business due to his actions. The position of the Cooperative Supervisor is regulated in Article 21 of Law No. 25 of 1992 in conjunction with Article 21 of Law No. 6 of 2023. Suggestions in this study are that the Cooperative Supervisor should have a sense of responsibility and be professional in carrying out his duties and the Government together with the Indonesian House of Representatives must immediately revise Law No. 25 of 1992 or Law No. 6 of 2023 or form a new Cooperative Law by including provisions on sanctions and benchmarks or the scope of duties of the Cooperative Supervisor

Аналогия закона при разрешении жилищных споров

Introduction: despite considerable attention to statutory analogy in juridical literature, many theoretical issues remain controversial, and the courts have no clear and understandable guidelines for applying analogy and justifying its admissibility. If we look at housing legislation, studies on these issues are fragmentary in nature, there are no monographic works, while research articles mainly analyze individual situations in which the courts apply statutory analogy in resolving particular housing disputes, or such articles justify the need to apply analogy. Thus, there are no doctrinal studies on the application of analogy in housing legislation. Although statutory analogy has been applied in a significant number of housing disputes, the conceptual framework for this application has not been developed, which indicates the relevance of the current study. Purpose: to form an understanding of statutory analogy in housing legislation; to develop an approach to distinguishing between statutory analogy and subsidiary application of civil law rules to housing relations; to develop criteria to be used in housing disputes in order to identify similarities and differences in legal relations under judicial consideration and thus decide on the possibility of applying analogy; to substantiate the use of teleological (targeted) interpretation for the detection of contradictions to the essence of housing relations as grounds for refusing to apply analogy; to describe the most difficult practical situations related to the application of statutory analogy in the settlement of housing disputes. Methods: based on the dialectical method, which is basic for legal research, the study explores approaches to the understanding of statutory analogy and criteria for its applicability, evaluates the existing scientific views on the identification of similarities of relations for applying statutory analogy, and analyzes the institute of analogy in unity and interrelation with other legal categories. The study also employs the comparative legal method, the method of alternatives, the structural and functional method, the formal legal method, the historical and legal method, the method of interpretation of legal rules. Results: the paper provides narrow and broad definitions of analogy; justifies the use of the term ‘direct subsidiary application’, which made it possible to substantiate that such application of civil law rules to housing relations cannot be regarded as inter-branch analogy; identifies the similarity criteria for legal relations to be used when applying analogy in the settlement of housing disputes. Conclusions: to apply statutory analogy when resolving housing disputes, the similarity of legal relations should be based on the following criteria: the nature of the subjective right (property/obligation/corporate); the nature of legal relations concerning the residential premises in question (free (commercial) / unfree (social)); residing conditions (gratuitous / non-gratuitous). Contradictions to the essence of housing relations should be identified based on teleological (targeted) interpretation rather than through reference to the nature of the subjective right to housing.

Roman law in the jurisprudence of Russian courts

In modern Russian judicial practice, the justification of court decisions by normative provisions extracted from all that is collectively embraced by the concept of “soft law” is becoming increasingly widespread. In this article, this phenomenon is revealed in the aspect of the practical application by Russian courts of certain provisions of Roman law. Considering specific examples of this kind, the authors, through doctrinal reflection, seek to identify common reasons that encourage domestic courts to turn to the mentioned source of “soft law” and come to the conclusion that modern Russian civil law in a sense repeated the path that was traversed by the civil law of imperial Russia. If, back in the middle of the 19th century, the judiciary could not even think of looking for a source of inspiration anywhere other than a literal interpretation of the text of the law, then with the beginning of the “Great Reforms” of the 1860s, the unsuitability of such an approach for servicing the rapidly developing turnover was revealed, and since the legislator could not keep up with its development, the main work of adapting positive law to changing relations was accepted the courts have assumed much broader discretionary powers. Since the possibilities of the domestic doctrine to meet the needs of the law enforcement officer in understanding and developing Russian law turned out to be very limited, judges found themselves in demand for the European civilian tradition based on Roman law, familiarity with which prompted them to independent judicial law-making. In many ways, similar processes are observed in post-Soviet Russia, a visible manifestation of which is the expansion of “soft law” into law enforcement practice, primarily through an appeal to the analogy of law and teleological interpretation. One of the facets of this process is the revival of interest in the legacy of Roman law and the Romanistic tradition. In this sense, unexpected parallels are found with the development of the common law.

Правила и стандарты доказывания факта использования компьютерной программы как объекта авторского права

Introduction: the global IT market is steadily growing. International law and national legal systems protect computer programs as copyright objects. Copyright protection in relation to these objects is associated with proving the fact of their use. Judicial practice reveals a number of problems related to the establishment of efficient, balanced, and at the same time fair rules and standards of proving the fact of using a computer program. Purpose: to determine the rules and standards of proving the use of a computer program as a copyright object. Methods: the method of formal logic, comparative‐legal, systematicstructural, and formal‐dogmatic methods. Results: the notions of an intellectual property object and the use of such an object should be understood in two senses: 1) from a day‐to‐day perspective; 2) in the lawbased context. The scope of the notion ‘use’ and the standards of proof of such use are interpreted differently in different intellectual property law institutions. The more technologically advanced the protected object is, the more formalized the procedure to establish the fact of its use should be. Conclusions: Russian judicial practice is on the path of developing the following rule: in general, it is legal to draw a conclusion about the use of a computer program when the evidence reliably reflects an analysis of its source code having been conducted. In the Russian legal system, two approaches have developed to resolving the issue of a computer program storage in computer memory: 1) the scope of the exclusive copyright includes the storage of a program in computer memory per se; 2) such storage is not included in the scope of the exclusive copyright. The second approach seems correct. It is based on a systematic and teleological interpretation of Part 4 of the Civil Code of the Russian Federation, on a historico‐political and teleological interpretation of the WIPO Copyright Treaty of December 20, 1996.

The place and role of the comparative law method within the interpretation of the Court of Justice of the EU

The term „interpretation” was left in shades by The EU Functioning Treaty, but it shows the communication of the content and applicability limits in space and time of that particular legal norm. All the methods used for descovering the content of the legal norms in order to proceed to its practical enforcement is what interpretation is all about. The European Court of Justice of the EU provides the only official interpretation of the European legal norms, using at this extent several ways to accomplish that, such as grammatical interpretation which, most of the time, needs to be completed by the teleological one. The teleological interpretation ensures the fact that the main purpose of the EU legislation is to recourse to the general principles of the EU Law, but also to the interpretation of the secondary law according to the Founding Treaties. In this generous frame of interpretation, the comparative law method applied by the European Court of Justice enables the hand- in -hand relation between this particular method of interpretation and the constitutional traditions common to the member states.

The legal status of the class members during the group litigation

The study discusses certain rules of group litigation in the civil procedure in the context of the legal status of class members in procedural relations. Attention is paid to the rights and obligations of the person who applies to court with a request to protect the rights and legitimate interests of a group of members. Participants in a class action include the person conducting the case (plaintiff-representative) and group members who joined the collective claim. The comparative legal method and teleological interpretation allow to conclude that there are active procedural relations only between the court and the claimant-representative, which predetermines the possibility of performing administrative actions, proving and appealing judicial acts only by the plaintiff, but not by the other claimants. The extremely curtailed scope of powers of the group members is justified by their voluntary joining a class action lawsuit. Relations within a group of persons are substantive in nature; this allows to highlight the necessity of appropriate private material mechanisms to satisfy the interests of the majority of participants under the rules on decisions in meetings. In view of the possibility of consolidating in a class homogeneous but different in size substantive claims of the group members we believe it is essential to establish the majority criterion, regardless of the price of the claim of each member. The research also reveals the contradiction in legal regulation in the event of a refusal to certify a group of persons after the initiation of proceedings on a class action in civil, arbitration and administrative litigation, substantiates the inexpediency of leaving a class action without consideration, and the need to consider personal claims of group members and allocate relevant cases in a separate production, as provided for in the Arbitration (Commercial) Procedure Code of the Russian Federation. Attention is drawn to the gaps in the legal regulation of group proceedings in terms of establishing the amount and procedure for paying the state fee.

JUDICIAL ACTIVISM AND METHODS OF INTERPRETATION

A distinct characteristic of the judicial activity of integration courts is that it is aimed not only at resolving legal conflicts, but also at interpreting the law in order to fill the existing gaps. Filling legal gaps may be described as a key function of an integration court. This special characteristic leads to the phenomenon of judicial activism. The study of the case law of integration courts reveals the possibility to formulate activist legal findings using different methods of interpretation. The possibility to use the teleological method of interpretation, which is the most suitable in order to eliminate legal gaps, stems directly from the provisions of the Vienna convention on the law of international treaties. The analysis of the acts of the Court of Justice of the European Union allows to establish a strong correlation between activist approaches and the use of the teleological method of interpretation. However teleological interpretation does not necessarily mean the choice of the most progressive available options. Often the activism manifests itself in the search of a balance between the interests of the integration organization and its Member States. The Court of the Eurasian Economic Union develops activist approaches by using both traditional methods of interpretation and teleological interpretation as well as having recourse to constitutional traditions of the Member States.

무력사용에 관한 유엔헌장 검토

Article 2(4) of the U.N. Charter prohibits the use of force and the threat of force in principle. Only the right to self-defense under Article 51 of the Charter and the use of force approved by the United Nations Security Council are allowed as exceptions. However, there are many differences in the interpretation of Article 2(4), which prohibits the use of force in principle. Traditional interpretation which Professor Brownlie supported is that the use of force should be strictly restricted according to the purpose of the establishment of the United Nations. However, there is also the argument that the use of force should be allowed additionally if it meets the purpose of the United Nations through literal interpretation. In addition, there is an argument that Article 2 (4) should be interpreted through teleological interpretation to settle the situations such as genocide which Professor Reisman, Yale Law school argued. Nevertheless, Aforementioned theories do not provide complete logic to be able to fill a gap between the United Nations' ideology and reality.
 The gap between Article 2(4) of the UN Charter and reality is not based on the essential flaws of Article 2(4) of the UN Charter. For almost 80 years after the signing of the U.N. Charter, the revision of the U.N. Charter has been amended only in procedural matters. The time has come to consider seriously the revision of the United Nations Charter in response to the development of science and technology and the resulting changes in human society. In the case of Article 2, Paragraph 4, the same aspect was encountered.

Hermeneutic Triangle and Features of Using Its Methodology in Legal Interpretation

The article reflects on hermeneutic triangle as the special hermeneutical concept, exploring the possibilities and specifics of its application with a focus on the correlation between the author of the text, the text itself, and its interpreter, aiming to provide further insight into the interpretation of legal texts as one of the oldest jurisprudential problems, and the level of skills in applying this art heavily influences a lawyer’s professional qualities.In this regard, the article challenges some of the most widely spread legal approaches to the interpretation of the aim of statutory texts interpretation, specifically – determining the legislator’s (norm creator’s) authority; its aims; determining ‘the objective essence,’ or in other words, ‘the true sense’ of statutory norms.The article addresses a fundamental and most complicated question arising in the application of the hermeneutic triangle during statutory interpretation. Specifically, it delves into the role of interpreter (particularly the judge) within this triangle. It questions whether the interpreter has to determine the will of the statutory text author – the legislator, his/her aims, objective (true) essence (content) of the interpreted statutory norm, i.e. his/her role as the consumer or active creator co-author of the statute without altering its text. Grounding its findings on hermeneutics scholars and interpretation practice, the article stipulates that statutory text interpretation cannot exist independently of the will of the legal interpreter without regard to a specific historical situation that the interpretation takes place in. The interpretation is always connected to the actualization of statutory texts, their adaptation to the place, time, and exact situation under review by the court or any other institution applying the norm. This, however, does not deny that either of the statutory provisions may be understood better with regard to its origins by applying historical and teleological interpretation. Practical examples provided in the article only serve to emphasize that the above mentioned interpretive methods should not be overestimated while statutory provisions do not often provide insight to legislator’s will, and even in cases when they do, they may not mostly be applied the way the legislator has originally proposed.Therefore, primary emphasis is placed on difficulties of statutory text interpretation with the aid of the hermeneutical triangle technology application. An additional focus is made on the general methodological approach highlighted before by F. Schleiermacher where the interpreter may understand the interpreted text better than its author and by G. Radbruch that the statute may be more prudent than its author(s). However, in order to perform the interpretation in such a way, lawyer and interpreter needs to have the skills of analyzing both the text of the statute but also the context where the statute exists including the whole set of legal and colloquial issues the interpreter is confronted with in the process of interpretation. Legal interpretation of statutory norms reveal greatly interpreters’ creativity, i.e. their ability to deviate from the set thinking stereotypes, to approach the issues from non-standard point of view, and to solve those with the help of a non-standard way within the requirements of the rule of law. It is highly important to develop a non-positivistic approach being the major reason for improving lawyers’ professional skills where creativity plays a vital role.

Understanding the interpretation of legal standards: theoretical, administrative, criminal, financial aspects

The purpose of the research is to consider ways for interpretation of legal norms in modern jurisprudence Main content. It has been established that interpretation will result in a general conclusion or a sum of conclusions reached by the subject of interpretation in the process of clarifying the rule of law (legal norms) using the entire set of interpretation methods, which is adequate to the actual content of this rule and meets the criteria of truth and correctness of the result of interpretation... Methodology: The methodological basis of the research is presented as comparative-legal and systematic analysis, formal-legal method, interpretation method, hermeneutic method as well as methods of analysis and synthesis. Conclusions. It has been concluded that the procedure for achieving the goal of interpretation should be as follows: grammatical interpretation - teleological interpretation - clarification of compliance of the essence of legal norm content with the principles of law - systematic interpretation - special legal interpretation - logical interpretation - functional interpretation - historical interpretation - repeated application of the interpretation procedure when receiving new data.
 Key words: ways for interpretation of legal norms, the purpose of interpretation, legal understanding, criminal liability, types of legal understanding.

The Urgency of Regulating Remote Working System In Indonesia Between Certainty and Utility

The absence of comprehensive regulations regarding remote work in Indonesia has given rise to various challenges, particularly concerning justice, legal certainty, and benefits for workers. Analyzing the Implementation of Legal Protection for Parties through Agreements Offered by Authorized Officials Regarding Underhand Debt Dispute with Objects Bound by Purchase. The methodology employed in this study is normative juridical, utilizing Namely, it is carried out through an examination of legislative regulations related to the urgency of remote working regulations in Indonesia. and conceptual approaches involves reviewing the opinions of experts regarding the urgency of remote working regulations in Indonesia. The legal material analysis technique employs Grammatical interpretation, Systematic interpretation, and Teleological interpretation. The research findings indicate that, from philosophical, normative, juridical, and sociological standpoints, there is an urgent need to tailor regulations that can address the unique aspects of remote work, which fundamentally differ from conventional office-based employment.

A Spoonful of Sugar: Deference at the Court of Justice

AbstractThis article analyses the European Court of Justice's strategic use of deference as a resilience technique in the preliminary reference procedure. It focuses on the strategic potential of using deference in two scenarios: first, when the Court uses teleological interpretation or expands the scope of the EU legal order and, second, when it declares national measures incompatible with EU law. The findings indicate that the Court is more likely to use deference when expanding EU law and less likely to defer when it declares national measures incompatible with EU law. The article challenges commonly held assumptions regarding the use of deference. First, the findings substantially qualify accounts linking the increase of deference to the maturity of the EU legal order and a certain halt of judicial activism. Deference allows the Court to explore new frontiers of EU law, suggesting that although the legal order might have matured, the Court does not perceive the project of legal integration as completed. Second, the article defies claims that deference is used by the Court as a ‘weapon of restraint’.