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Here, the PSF makes a mistake of referencing recitals, which are not really enforceable law in the strict sense.
by jruohonen 4y ago
Here, the PSF makes a mistake of referencing recitals, which are not really enforceable law in the strict sense.
- friendzis 4y agoIn my understanding, in EU law recitals are explicitly part of the law.
- jruohonen 4y agoThey are part of the law, sure, but they are not legally binding in the same way as articles are. If there is ambiguity in a law, as there often is, a judge may use these for interpreting the overall "spirit of the law". But even then, articles always take precedence and these cannot be overruled by recitals.