Author: Susan Šarčević Publisher: Routledge ISBN: 1317108019 Category : Political Science Languages : en Pages : 270
Book Description
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.
Author: Rachael Craufurd Smith Publisher: Oxford Studies in European Law ISBN: Category : Law Languages : en Pages : 472
Book Description
This book explores the relationship between European Union law, culture, and identity. Community trade and competition rules have certainly affected many mundane, though highly formative, aspects of our day-to-day lives: when we shop, what we drink, even which football matches we watch ontelevision. But Community law is not merely a vehicle for challenging established national rules which have a cultural dimension: Article 151 of the EC Treaty, which came into force in 1993, empowers the Community to 'contribute to the flowering of the cultures of the Member States', whilst at thesame time bringing the 'common cultural heritage to the fore'.This book explores some of the challenges facing the European Union in developing convincing and coherent policies in the cultural domain. These challenges stem not only from the Union's fragmented institutional structure and Member State sensitivities but also from the uncertainty which surroundsthe very meaning of the term 'culture' itself. The wide-ranging contributions illustrate how cultural issues can be seen to permeate all aspects of European Union law, by focussing on areas as diverse as international trade and aid, education, sport, language use, and the mass media.
Author: Vijay Kumar Bhatia Publisher: Peter Lang ISBN: 9783039114702 Category : English language Languages : en Pages : 358
Book Description
The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities
Author: Barbara Pozzo Publisher: Kluwer Law International B.V. ISBN: 9041125329 Category : Law Languages : en Pages : 238
Book Description
As European lawyers dealing with cross-border issues quickly learn, the terms contract, contrat, and contratto signify three very different legal concepts. This illustration highlights the importance of studying the relationships between language and law, particularly in the context of strong pressure from the European Community to harmonise the laws of the Member States a process which appears difficult, if not impossible, unless there is an understanding of the profound differences which exist between the various legal systems, and the development of a common European legal language from the 21 official languages now a feature of the European Union. This admirable collection of essays brings together the work of practitioners and scholars in three fields pertinent to this endeavour: representatives of Community institutions who are involved in drafting, translating, and interpreting multilingual texts; jurists and comparative lawyers from both civil law and common law systems; and researchers in linguistics and language issues. Among the many relevant matters they discuss are the following: terminologies of rights and remedies; the role of the European Court of Justice as interpreter; multilingualism in parliamentary practice; the role of the European Commissions legal revisers; and translation at the European Court of Justice. The essays were originally presented as papers at a conference held in Como in April 2005, organised by the Faculty of Law of the University of Insubria together with the Centro Interuniversitario di Ricerca in Diritto Comparato (Interuniversity Centre for Research in Comparative Law) set up by the Universities of Milan, Bologna and Insubria. This event took place in the context of a research project co-financed by the University of Insubria and the Italian Ministry of Education, University and Research. The particular objective of the conference was to make a comparison between the day-to-day working requirements within the Community institutions, each with its own particular needs, and the longer-term analysis which the academic world could bring to bear on the problems of the translatability of legal terms. As the first in-depth appraisal of this crucial matter, this book cannot fail to find interested readers among all the branches of European law, practitioners and scholars, local and international. It is sure to be a highly valuable resource for many years to come.
Author: Silvia Marino Publisher: Springer ISBN: 3319909053 Category : Law Languages : en Pages : 376
Book Description
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".
Author: Anne Lise Kjær Publisher: Routledge ISBN: 1317104919 Category : Law Languages : en Pages : 261
Book Description
What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.
Author: Richard L. Creech Publisher: Europa Law Publishing ISBN: 9789076871837 Category : Law Languages : en Pages : 192
Book Description
The European Economic Community, founded in 1957, consisted of six Member States with a combined total of four official languages. By 2004, this organization had evolved into a European Union of twenty-five Member States with more than twenty official languages among them. This increase has presented numerous challenges to the EU's internal linguistic regime, where formal policy has been, with some notable exceptions, to treat all of these languages equally. Some of these languages - English in particular - have been more equal than others. Languages that lack nation-wide official status in any Member State - such as Catalan and Welsh - have been overtly denied equal treatment. Furthermore, the multilingual nature of the EU has had significant implications for any Member State that wishes to regulate the use of language within its territory, as such regulation can interfere with the rights accorded to citizens of other Member States to participate in free commercial movement throughout the Union. Law and Language in the European Union - now in paperback - examines how, in the linguistic realm, the EU has responded to the tensions that lie behind this paradoxical motto.
Author: C.J.W. Baaij Publisher: Oxford University Press ISBN: 0190680792 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Nils Ringe Publisher: University of Michigan Press ISBN: 0472902733 Category : Political Science Languages : en Pages : 278
Book Description
Multilingualism is an ever-present feature in political contexts around the world, including multilingual states and international organizations. Increasingly, consequential political decisions are negotiated between politicians who do not share a common native language. Nils Ringe uses the European Union to investigate how politicians’ reliance on shared foreign languages and translation services affects politics and policy-making. Ringe's research illustrates how multilingualism is an inherent and consequential feature of EU politics—that it depoliticizes policy-making by reducing its political nature and potential for conflict. An atmosphere with both foreign language use and a reliance on translation leads to communication that is simple, utilitarian, neutralized, and involves commonly shared phrases and expressions. Policymakers tend to disregard politically charged language and they are constrained in their ability to use vague or ambiguous language to gloss over disagreements by the need for consistency across languages.
Author: Susan Šarčević
Author: Rachael Craufurd Smith
Author: Susan Šarčević
Author: Vijay Kumar Bhatia
Author: Barbara Pozzo
Author: Silvia Marino
Author: Anne Lise Kjær
Author: Richard L. Creech
Author: C.J.W. Baaij
Author: Nils Ringe