ABSTRACT
The principles of interpretation employed by the Court of Justice reflect two of the most important legal characteristics of directives. However, certain provisions of a directive that is only a measure of partial harmonisation may require a Community interpretation. The danger of emphasising the distinctiveness of this approach as compared with ordinary English methods of statutory construction is that it suggests that interpretation is the consequence of “divining” the “spirit” of the legislation without regard to its wording. Aids to interpretation may be usefully classified as falling into one of two categories: permissible means of interpretation by analogy with other legal provisions or determinations; and guides to establish the purpose of a directive. In exceptional cases, where no assistance is to be had from considering the provisions of a directive or its purpose, recourse may be had to the common usage or meaning of a word.
