2.2 Scope of Analysis: Method and legal sources
Given the interplay of EU law, international conventions, and classification society requirements, our analysis examines authoritative sources, such as primary EU legislation, relevant European Union Court of Justice (CJEU) case law,(1) Lenaerts, K and Gutiérrez-Fons, J-A. To say what the law of the EU is: Methods of interpretation and the European Court of Justice. Columbia Journal of European Law, Vol 20, 2013, p.3 et seq. as well as key IMO conventions (SOLAS, UNCLOS).(2) However, it should be noted that this regulation only applies to ships flying the flag of one of the EU Member States. For ships flying a non-EU flag, the acceptance is at the discretion of non-EU states in the exercise of their exclusive jurisdiction. Secondary materials help clarify context and interpretive challenges, but hold weight only to the extent that their arguments align with or clarify the relevant primary sources. This approach ensures a coherent assessment of how Article 10(1) must be read in light of its wording, EU constitutional principles and concepts, and the broader maritime regulatory framework.