Preamble
Preamble
The introduction to a Treaty describing its purpose and objectives in general terms, and often setting out broad principles, objectives or values.
Preambles may be referred to by courts as indicating the meaning and intention of legislators in the continental legal tradition, whereas they are not taken into account by Courts in the Anglo-Saxon world - the UK, Ireland, the USA, Canada, Australia, India etc.
The EU Court of Justice has often used treaty preambles in this way to justify judgements that have expanded the scope of EU law and competence beyond the strict literal interpretation of a treaty, which is the focus of Anglo-Saxon jurisprudence.
The objective of bringing about "an ever closer union“ set out in the preamble of the EU treaties is used to justify the legal activism of the EU Court, which can claim to be directed towards that end. This aim was deleted from the draft EU Constitution.
It came back in the Lisbon Treaty after the rejection of the Constitution by referendums in France and the Netherlands in 2005.
