Interaction between judicial discretion and methods of interpretation in the case-law of courts of integration associations

Abstract

A key element of judicial activity appears to be judicial discretion, which is used to fill legal gaps in integration organisations. The exercise of judicial discretion leads to the formulation by an integration organization court of activist legal findings based on the interpretation of the applicable law and recourse to the generally recognised principles and regulations of international law. The Court reveals the “implied” rule of an integration legal order on the basis of the teleological method of interpretation which predefines the special charachteristics of the legal argumentation. The limits of judicial discretion are formed by the goals pursued by the integration legal order including the general thrust of the international agreements on achieving integration between states as well as protecting the fundamental rights and freedoms.