The Collision Between the Purpose and the Method of the Legislation, and the Question of the Legal Gap and Analogy in the Legal Interpretation of the Adiminstration/Courts Regarding the EU-Law

Abstract

The study first examines the relationship between legal interpretation and the legal gap, as well as the application of analogy, then it goes on to the examination of the purpose and methods of legal interpretation, which can be applied as long as the deficiency in the substantive law can be repaired in this way. If it cannot be repaired, and there is a gap in the substantive law, analogy is applied, which can be analogia juris and analogia legis. The latter is preferable from the point of view of legal certainty. According to the author’s view, all the legal institutions discussed here can also be applied in relation to the European Union law.