Craig, P. and De Burca, G. EU Law 6 ed. 2015.
The Court’s jurisprudence cannot be properly understood without an awareness of its approach to interpretation. This is generally described as purposive or teleological.252 The fact that the documents leading to the making of the original Treaties, known as the travaux préparatoires, were not available for thirty years meant these were not used as a source, and this is reflected in the Court’s case law.253 In the case of secondary legislation, declarations and extracts from the minutes have occasionally
been relied on as aids to interpretation before the Court.254 However in most cases it has denied the relevance of this material if it does not appear in the text of the legislation.255
It reasoned partly from the text of the Treaty. It pointed to the Preamble which makes reference to citizens as well as to states, and argued that the preliminary ruling procedure established in what is now Article 267 TFEU envisaged that parties before national courts could plead and rely on points of Community law.17 The ECJ pointed also to the fact that citizens were envisaged as having a role to play under the Treaties through the European Parliament. This textual ‘evidence’ for direct effect is not particularly strong. The ECJ’s argument based on Article 267 TFEU is nonetheless interesting. We do not have the travaux préparatoires and hence we do not know what the Treaty framers intended with this provision. If however individuals could not invoke EU law in national courts through Article 267 then it could only ever be used if the parties to the case were both public bodies, and there is nothing in the wording of Article 267 to indicate any such limitation. The ECJ replayed this same argument when it justified the direct effect of directives.18
"original Treaties" refers to the Treaty of Rome, right?
Why were its travaux préparatoires "not available for thirty years"? The technology exists, right? This looks more about cover-up or secrecy?
Is p. 189 right? Or did the authors forget to update it? Are travaux préparatoires still gagged and unavailable? Of note SCOTUS Justice Souter blocked access to his papers for 50 years.