Law And Language In The European Union
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Law And Language In The European Union
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Author : Richard L. Creech
language : en
Publisher: Europa Law Publishing
Release Date : 2005
Law And Language In The European Union written by Richard L. Creech and has been published by Europa Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.
Language Rights And The Law In The European Union
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Author : Eduardo D. Faingold
language : en
Publisher: Springer Nature
Release Date : 2019-11-15
Language Rights And The Law In The European Union written by Eduardo D. Faingold and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-15 with Language Arts & Disciplines categories.
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.
Multilingualism And The Harmonisation Of European Law
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Author : Barbara Pozzo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2006-01-01
Multilingualism And The Harmonisation Of European Law written by Barbara Pozzo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Law categories.
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.
Language And Culture In Eu Law
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Author : Susan Šarčević
language : en
Publisher: Routledge
Release Date : 2016-03-09
Language And Culture In Eu Law written by Susan Šarčević and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with Political Science categories.
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.
Language And Law
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Author : Silvia Marino
language : en
Publisher: Springer
Release Date : 2018-10-30
Language And Law written by Silvia Marino and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-30 with Law categories.
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".
Legal Integration And Language Diversity
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Author : C. J. W. Baaij
language : en
Publisher: Oxford University Press
Release Date : 2018
Legal Integration And Language Diversity written by C. J. W. Baaij and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.
Introduction -- Articulating the task of EU translation -- Formalizing the primacy of English -- The mixed approach of current EU translation -- Considering a source-oriented alternative -- The implementation and its challenges
Legal Certainty In Multilingual Eu Law
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Author : Elina Paunio
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legal Certainty In Multilingual Eu Law written by Elina Paunio and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
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.
Respecting Linguistic Diversity In The European Union
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Author : Xabier Arzoz
language : en
Publisher: John Benjamins Publishing
Release Date : 2008-01-09
Respecting Linguistic Diversity In The European Union written by Xabier Arzoz and has been published by John Benjamins Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-09 with Language Arts & Disciplines categories.
After the accession of ten new member-states in 2004, the number of official EU languages increased from eleven to twenty. In 2005, the Council of the European Union decided to expand the existing legal framework for Irish and for other languages, such as Basque, Catalan and Galician, which are official in all or part of the territory of a given member-state. On 1 January 2007 Bulgaria and Romania joined the EU, increasing the number of official EU languages still further. This book addresses the challenge of respecting linguistic diversity within the EU and is intended as an introduction to the issue for those not already familiar with EU law. It also provides an analysis of the potential of the Charter of Fundamental Rights of the European Union to enhance respect for linguistic diversity. Each chapter has been written by a recognised expert in the field. The appendices bring together the basic legal norms relating to linguistic diversity within EU institutions.
Language And Translation In International Law And Eu Law
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Author : European Union Liaison Committee of Historians. Conference
language : en
Publisher:
Release Date : 2012
Language And Translation In International Law And Eu Law written by European Union Liaison Committee of Historians. Conference and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
"Divided into four thematic chapters and supported by two case studies, the study gives an overview of the language regime applied in international fora, presents the language-related aspects of the treaty-making powers of the EU, including the specific translation methods of treaties concluded by the EU and the impact of the terminology of international law on EU legislation, highlights the main regulatory instruments of international law on language rights and identifies the role and nature of linguistic rights, investigates the relationship between linguistic diversity and economic efficiency in view of the smooth functioning of the internal market and in a broader context."--Ed.
Criminal Proceedings Languages And The European Union
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Author : Francesca Ruggieri
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-08-28
Criminal Proceedings Languages And The European Union written by Francesca Ruggieri and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-28 with Law categories.
The book “Criminal proceedings, languages and the European Union: linguistic and legal issues” – the first attempt on this subject – deals with the current situation in the jurislinguistic studies, which cover comparative law, language and translation, towards the aim of the circulation of equivalent legal concepts in systems which are still very different from one another. In the absence of common cultures and languages, in criminal procedure it is possible to distinguish features that are typical of common law systems and features that are typical of civil law systems, according to the two different models of adversarial and inquisitorial trials. Therefore, the most problematic challenges are for the European Union legislator to define generic measures that can be easily implemented at the national level, and for the individual Member States to choose corresponding domestic measures that can best implement these broad definitions, so as to pursue objectives set at the European level. In this scenario, the book assesses the new framework within which criminal lawyers and practitioners need to operate under the Lisbon Treaty (Part I), and focuses on the different versions of its provisions concerning cooperation in criminal matters, which will need to be implemented at the national level (Part III). The book analyses the issues raised by multilingualism in the EU decision-making process and subsequent interpretation of legal acts from the viewpoint of all the players involved (EU officials, civil, penal and linguistic lawyers: Part II), explores the possible impact of the EU legal acts concerning environmental protection, where the study of ascending and descending circulation of polysemantic words is especially relevant (Part IV), and investigates the new legal and linguistic concepts in the field of data retention, protection of victims, European investigation orders and coercive measures (Part V).