Multilingual Interpretation Of European Union Law
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Multilingual Interpretation Of European Union Law
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Author : Dirk A. Zetzsche
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-11-01
Multilingual Interpretation Of European Union Law written by Dirk A. Zetzsche 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 2012-11-01 with Law categories.
The Alternative Investment Fund Managers Directive (AIFMD) may be the most important European asset management regulation of the early 21st century. However, a preponderance of practitioners and academics in the field argue that, in its present form, the directive is seriously out of touch with both the system of European financial law and industry practice. In this first in-depth analytical and critical discussion of the content and system of the directive, thirty-four contributing authors – academics, lawyers, consultants, fund supervisors, and fund industry experts – examine the AIFMD from every angle. They cover structure, regulatory history, scope, appointment and authorization of the manager, rules on delegation, reporting requirements, transitional provisions, and the objectives stipulated in the recitals and other official documents. The challenging implications and contexts they examine include the following: connection with systemic risk and the financial crisis; impact on money laundering and financial crime; nexus with insurance for negligent conduct; connection with corporate governance doctrine; risk management; transparency; the cross-border dimension; liability for lost assets; and impact on alternative investment strategies. Ten country reports add a national perspective to the discussion of the European regulation. These chapters deal with the potential interactions among the AIFMD and the relevant laws and regulations of Italy, Switzerland, Luxembourg, The Netherlands, Austria, Liechtenstein, the United Kingdom, Germany, France, and Ireland. The former are Europe’s most vibrant financial centres and markets. Designed to spur a critical attitude towards the emerging new European financial markets framework presaged by the AIFMD, this much-needed discussion not only elaborates on the inconsistencies and difficulties sure to be encountered when applying the directive, but also provides potential solutions to the problems it raises. The book will be warmly welcomed by investors and their counsel, fund managers, depositaries, asset managers, and administrators, as well as academics in the field.
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.
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.
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.
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".
Multilingual Interpretation Of European Union Law
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Author : Mattias Derlén
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
Multilingual Interpretation Of European Union Law written by Mattias Derlén 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 2009-01-01 with Law categories.
At head of title: Kluwer Law International
The Role Of Legal Translation In Legal Harmonization
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Author : C. J. W. Baaij
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-07-18
The Role Of Legal Translation In Legal Harmonization written by C. J. W. Baaij 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 2012-07-18 with Law categories.
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.
Legal Integration And Language Diversity
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Author : C.J.W. Baaij
language : en
Publisher: Oxford University Press
Release Date : 2018-02-01
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 2018-02-01 with Law categories.
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.
Multilingual Law
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Author : Colin D Robertson
language : en
Publisher: Routledge
Release Date : 2016-06-17
Multilingual Law written by Colin D Robertson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-06-17 with Law categories.
This book introduces and explores the concept of multilingual law. Providing an overview as to what is 'multilingual law', the study establishes a new discourse based on this concept, which has hitherto lacked recognition for reasons of complexity and multidisciplinarity. The need for such a discourse now exists and is becoming urgent in view of the progress being made towards European integration and the legal and factual foundation for it in multilingualism and multilingual legislation. Covering different types of multilingual legal orders and their distinguishing features, as well as the basic structure of legal systems, the author studies policy formation, drafting, translation, revision, terminology and computer tools in connection with the legislative and judicial processes. Bringing together a range of diverse legal and linguistic ideas under one roof, this book is of importance to legal-linguists, drafters and translators, as well as students and scholars of legal linguistics, legal translation and revision.
Understanding European Union Law
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Author : Karen Davies
language : en
Publisher: Taylor & Francis
Release Date : 2022-12-30
Understanding European Union Law written by Karen Davies and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-30 with Law categories.
Providing short, clear and accessible explanations of the main areas of EU law, Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. This eighth edition has been fully revised and updated with the latest legislative changes and includes an in-depth discussion of ‘Brexit’ and its implications for EU–UK relations. The book provides readers with a clear understanding of the structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU’s Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three ‘non-economic’ areas of EU law: fundamental human rights, equality (non-discrimination) and the environment. This student-friendly text is both broad in scope and highly accessible. It will inspire students towards further study and show that understanding EU law can be an enjoyable and rewarding experience. As well as being essential reading for Law students, Understanding European Union Law is also suitable for students on other courses where basic knowledge of EU law is required or useful, such as business studies, political science, international relations or European studies programmes.