Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Download or read book Beyond Words written by Elina Paunio and published by . This book was released on 2011 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Interpretation of Multilingual EU Legislation written by Wouter Jan Berends and published by . This book was released on 2010 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Multilingual Interpretation of European Union Law written by Mattias Derlén and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: At head of title: Kluwer Law International
Download or read book Legal Certainty in Multilingual EU Law written by Elina Paunio and published by Routledge. This book was released on 2016-04-22 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can multilingualism and legal certainty be reconciled in EU law? Despite the importance of multilingualism for the European project, it has attracted only limited attention from legal scholars. This book provides a valuable contribution to this otherwise neglected area. Whilst firmly situated within the field of EU law, the book also employs theories developed in linguistics and translation studies. More particularly, it explores the uncertainty surrounding the meaning of multilingual EU law and the impact of multilingualism on judicial reasoning at the European Court of Justice. To reconceptualize legal certainty in EU law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the European Court of Justice. Based on both theory and case law analysis, this interdisciplinary study is an important contribution to the field of European legal reasoning and to the study of multilingualism within EU legal scholarship.
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Download or read book The Principle of Legal Certainty in EC Law written by J. Raitio and published by Springer Science & Business Media. This book was released on 2013-03-14 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?
Download or read book The Shifting Meaning of Legal Certainty in Comparative and Transnational Law written by Mark Fenwick and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.
Download or read book Multilingualism and the Meaning of EU Law written by Irene Otero Fernández and published by . This book was released on 2020 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's multilingual EU, with 24 official languages, as many versions of every piece of legislation of general application are produced, all of which are equally authentic. In order to comply with this legal requirement, embodied in the Treaties and in secondary law, legal translation and legal-linguistic revision become fully integrated in the law-making process. But most importantly, the multilingual nature of EU law has consequences for how the meaning of the law may be found through interpretation. The Court of Justice of the European Union has declared that the language versions of EU legal acts should be compared in order to access the meaning of the legislation. That presumption of identity of meaning, however, conflicts with the inherent limits of language. As a result, occasional divergences in the linguistic meaning of the different language versions of EU legislation are unavoidable. These divergences in the linguistic meaning of the language versions of legislation may be bridged through interpretation. These problems of interpretation are ultimately settled by the CJEU, the only authoritative interpreter of EU law. The Court has developed certain techniques for that purpose, not without controversy. In order to solve the puzzle of how to access the meaning of multilingual EU legislation, this thesis first reviews the multilingualism of the EU legislative machinery, subsequently moving from the production of the law to its interpretation. The ultimate goal is to produce a critical assessment of the Court's methods, in order to understand how they fit into the framework designed by the previous Chapters. That is to say, to see how uniformity of meaning, which is constructed first in the legislative procedure in one language, then deconstructed through translation into all official languages, is finally reconstructed by the Court of Justice.
Download or read book Language and Culture in EU Law written by Susan Šarčević and published by Routledge. This book was released on 2016-03-09 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.
Download or read book The Role of Legal Translation in Legal Harmonization written by C. J. W. Baaij and published by Kluwer Law International B.V.. This book was released on 2012-07-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nine distinguished contributors, all leading experts and scholars in multilingual EU Law making, legal translation studies, comparative law or European (private) law, explore and analyse the legal translation praxis within EU legislative institutions appropriate for the purpose of legal harmonization, and examine both the potential and limitations of legal translation in the context of the developments of a single but multilingual EU Legal language.
Download or read book Language Rights and the Law in the European Union written by Eduardo D. Faingold and published by Springer Nature. This book was released on 2019-11-15 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an increase in claims for language recognition by minority groups representing a considerable population (such as Catalan in Spain and Welsh in the UK). Additionally, there is a developing situation surrounding the official use of English within the European Union in the aftermath of the Brexit vote. In light of these two contexts, this book focuses on the degree of legal protection afforded to linguistic groups in the European Union. It will be of interest to students and scholars of language policy, EU law, minority languages and sociolinguistics.
Download or read book Language and Law written by Silvia Marino and published by Springer. This book was released on 2018-10-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides an overview of EU competition law with a focus on the main developments in Italy, Spain, Greece, Poland and Croatia and offers an in-depth analysis of the role of language, translation and multilingualism in its implementation and interpretation. The first part of the book focuses on the main developments in EU competition law in action, which includes legislation, case law and praxis. This part can be divided into two subparts: the private enforcement of EU competition law, and the cooperation among enforcers, i.e. the EU Commission, the national competition authorities and the national courts. Language is of paramount importance in the enforcement of EU competition law, and as such, the second part highlights legal linguistic skills, showcasing the advantages and the challenges of multilingualism, especially in the context of the predominant use of English as the EU drafting and vehicular language. The volume brings together contributions prepared and presented as part of the EU-funded research project “Training Action for Legal Practitioners: Linguistic Skills and Translation in EU Competition Law".
Download or read book Legal Integration and Language Diversity written by C. J. W. Baaij and published by Oxford University Press. This book was released on 2018 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.
Download or read book The Coherence of EU Law written by Sacha Prechal and published by Oxford University Press, USA. This book was released on 2008 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Download or read book EU Language Law written by Stefaan Van der Jeught and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Language Law gives a comprehensive account of all language regulations and arrangements which currently exist in EU law. First and foremost, the book covers the various explicit and implicit language regimes of EU institutions, bodies, and agencies, explaining how and why they came about. It explores numerous other EU language provisions in the area of freedom, security, and justice, relating to quite diverse topics, such as road traffic offenses, recognition of national court decisions, the European Arrest Warrant, and crime victims. It also discusses EU linguistic provisions in the internal market regarding product labeling or the language proficiency assessment of professionals, such as medical doctors or lawyers seeking to provide services in other EU Member States. Many other issues, such as language testing for newcomers in society and language proficiency requirements for employment, are investigated. The book highlights an often neglected yet tremendously important aspect of EU integration: the language issue. *** Librarians: ebook available on ProQuest and EBSCO [Subject: European Law]
Download or read book Strengthening the Rule of Law in Europe written by Werner Schroeder and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union and the rule of law? state of affairs and ways of strengthening / Werner Schroeder -- Principle of legality and the hierarchy of norms / Franz Merli -- Access to justice and judicial independence : is there a role for the EU? / Attila Badó and János Bóka -- Transparency as part of a European rule of law / Inger Sterdahl -- Legal certainty / Anna Gamper -- The principle of proportionality / Peter M Huber -- The council of Europe and the rule of law / Jorg Polakiewicz and Jenny Sandwig -- The rule of law in the jurisprudence of the European Court of Human Rights / Elisabeth Steiner -- The rule of law in the recent jurisprudence of the ECJ / Thomas von Danwitz -- Reinforcing rule of law oversight in the European Union : key options / Carlos Closa and Dimitry Kochenov -- The EU rule of law framework / Emanuel Crabit and Nicolaas Bel -- Global activities and current initiatives in the Union to strengthen the rule of law? a state of play / Andreas Kumin -- Managing the rule of law in a heterogeneous context : a fundamental rights perspective on ways forward / Gabriel Toggenburg and Jonas Grimheden -- The rule of law in European policy : a parliamentarian's view / Eva Lichtenberger -- The rule of law and constitutionalisation of the European Union / Monica Claes and Mateo Bonelli
