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Language And Culture In Eu Law

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Language and Culture in EU Law

Language and Culture in EU Law Book
Author : Susan Šarčević
Publisher : Routledge
Release : 2016-03-09
ISBN : 1317108000
Language : En, Es, Fr & De

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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.

Language and Culture in EU Law

Language and Culture in EU Law Book
Author : Susan Šarčević
Publisher : Unknown
Release : 2015
ISBN : 9781315591445
Language : En, Es, Fr & De

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Book Description :

Download Language and Culture in EU Law book written by Susan Šarčević, available in PDF, EPUB, and Kindle, or read full book online anywhere and anytime. Compatible with any devices.

Language and Culture in EU Law

Language and Culture in EU Law Book
Author : Susan Šarčević
Publisher : Routledge
Release : 2016-03-09
ISBN : 1317108019
Language : En, Es, Fr & De

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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.

Linguistic Diversity and European Democracy

Linguistic Diversity and European Democracy Book
Author : Anne Lise Kjær,Silvia Adamo
Publisher : Routledge
Release : 2016-05-06
ISBN : 1317104927
Language : En, Es, Fr & De

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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.

Legal Integration and Language Diversity

Legal Integration and Language Diversity Book
Author : C.J.W. Baaij
Publisher : Oxford University Press
Release : 2018-02-01
ISBN : 0190680792
Language : En, Es, Fr & De

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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.

Respecting Linguistic Diversity in the European Union

Respecting Linguistic Diversity in the European Union Book
Author : Xabier Arzoz
Publisher : John Benjamins Publishing
Release : 2008-01-09
ISBN : 9027291322
Language : En, Es, Fr & De

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Book Description :

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.

The Translation of European Union Legislation A Corpus based Study of Norms and Modality

The Translation of European Union Legislation  A Corpus based Study of Norms and Modality Book
Author : Francesca Seracini
Publisher : LED Edizioni Universitarie
Release : 2020-08-25T00:00:00+02:00
ISBN : 8855130153
Language : En, Es, Fr & De

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Book Description :

This volume is a study into the norms that come into play in the translation of European Union legislation. With a focus on expressions of modality, the study adopts a corpus-based Descriptive Translation Studies approach to analyse the translation strategies used in a bilingual English/Italian parallel corpus of European Union legislation and identify the most frequent translational patterns. The book outlines the principles at the basis of the multilingual policy at the European Union and provides a detailed outline of the context in which the drafting and translation processes take place as a key to understanding the translational choices. The impact of sometimes contrasting factors such as the conventions of legal drafting at the European Union and those within the target culture, the principle of equal authenticity and the attention to the quality and readability of legislative texts is revealed in the analysis. Evidence in support of the theories concerning translation universals is also found and their implications for EU legal translation are discussed. The results lead to the formulation of several hypotheses as regards the norms governing the translation of EU legislative texts. The book also reflects on the impact that the translational choices have on the development of European Union legal language as an independent variety. This volume will be of interest to researchers and students in the fields of Legal Translation Studies and Linguistics, as well as practising translators.

Law Language and the Courtroom

Law  Language and the Courtroom Book
Author : Stanislaw Gozdz Roszkowski,Gianluca Pontrandolfo
Publisher : Routledge
Release : 2021-11-26
ISBN : 100048386X
Language : En, Es, Fr & De

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Book Description :

This book explores the language of judges. It is concerned with understanding how language works in judicial contexts. Using a range of disciplinary and methodological perspectives, it looks in detail at the ways in which judicial discourse is argued, constructed, interpreted and perceived. Focusing on four central themes - constructing judicial discourse and judicial identities, judicial argumentation and evaluative language, judicial interpretation, and clarity in judicial discourse - the book’s ultimate goal is to provide a comprehensive and in-depth analysis of current critical issues of the role of language in judicial settings. Contributors include legal linguists, lawyers, legal scholars, legal practitioners, legal translators and anthropologists, who explore patterns of linguistic organisation and use in judicial institutions and analyse language as an instrument for understanding both the judicial decision-making process and its outcome. The book will be an invaluable resource for scholars in legal linguistics and those specialising in judicial argumentation and reasoning ,and forensic linguists interested in the use of language in judicial settings.

Legal Discourse Across Languages and Cultures

Legal Discourse Across Languages and Cultures Book
Author : Maurizio Gotti,Christopher Williams
Publisher : Peter Lang
Release : 2010
ISBN : 9783034304252
Language : En, Es, Fr & De

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Book Description :

The chapters constituting this volume focus on legal language seen from cross-cultural perspectives, a topic which brings together two areas of research that have burgeoned in recent years, i.e. legal linguistics and intercultural studies, reflecting the rapidly changing, multifaceted world in which legal institutions and cultural/national identities interact. Within the broad thematic leitmotif of this volume, it has been possible to identify two major strands: legal discourse across languages on the one hand, and legal discourse across cultures on the other. Of course, labels of this kind are adopted partly as a matter of convenience, and it could be argued that any paper dealing with legal discourse across languages inevitably has to do with legal discourse across cultures. But a closer inspection of the papers comprising each of these two strands reveals that there is a coherent logic behind the choice of labels. All seven chapters in the first section are concerned with legal topics where more than one language is at stake, whereas all seven chapters in the second section are concerned with legal topics where cultural differences are brought to the fore.

The Implementation and Enforcement of European Union Law in Small Member States

The Implementation and Enforcement of European Union Law in Small Member States Book
Author : Ivan Sammut,Jelena Agranovska
Publisher : Springer Nature
Release : 2021
ISBN : 3030661156
Language : En, Es, Fr & De

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Book Description :

The objective of this book is to examine how the legal order of Malta, the EU's smallest Member State, manages to cope with the obligations of the EU's acquis communautaire. As far as the legal obligations are concerned, size does not matter. Smaller Member States have the same obligations as the largest, yet they have to meet these same obligations with very fewer resources. This book examines how the Maltese legal system manages to fulfil its obligations both in terms of the supremacy of EU law, as well as how the substantive EU law is transposed and implemented. It also explores how Maltese courts look at EU law and how they manage, or not manage, to enforce it within the context of national law. It can serve as a model to demonstrate how EU law is being implemented in the smallest Member State and can serve as a basis to study the effectiveness of EU law into the domestic law of its Member States in general. Ivan Sammut is Head of Department of European and Comparative Law, and Deputy Dean within the Faculty of Laws at the University of Malta, Malta. Jelena Agranovska is Lecturer in European and Comparative Law within the Faculty of Laws, University of Malta, Malta.

Legal Risks in EU Law

Legal Risks in EU Law Book
Author : Emilia Mišćenić,Aurélien Raccah
Publisher : Springer
Release : 2016-04-13
ISBN : 3319285963
Language : En, Es, Fr & De

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Book Description :

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.

Culture and European Union Law

Culture and European Union Law Book
Author : Rachael Craufurd Smith
Publisher : Oxford University Press on Demand
Release : 2004
ISBN : 0987650XXX
Language : En, Es, Fr & De

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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 on television. 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 the same 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 surrounds the 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."--Publisher description.

The New EU Judiciary

The New EU Judiciary Book
Author : Emmanuel Guinchard,Marie-Pierre Granger
Publisher : Kluwer Law International B.V.
Release : 2016-12-15
ISBN : 9041168400
Language : En, Es, Fr & De

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Book Description :

The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.

Language and Law

Language and Law Book
Author : Silvia Marino,Łucja Biel,Martina Bajčić,Vilelmini Sosoni
Publisher : Springer
Release : 2018-10-30
ISBN : 3319909053
Language : En, Es, Fr & De

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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".

Lawmaking in Multi level Settings

Lawmaking in Multi level Settings Book
Author : Patricia Popelier,Helen Xanthaki,William Robinson,João Tiago Silveira,Felix Uhlmann
Publisher : Nomos Verlag
Release : 2019-09-18
ISBN : 3748900864
Language : En, Es, Fr & De

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Book Description :

Die Rechtsetzung ist bereits im nationalen Kontext schwer genug; in mehrstufigen Umfeldern wie den Bundesländern oder der EU ist sie jedoch noch komplizierter. Auf zentraler Ebene müssen Gesetze der Autonomie und Diversität der einzelnen Einheiten Rechnung tragen und trotzdem effektiv, kohärent, einfach und zugänglich sein. Auf der dezentralen Ebene müssen Gesetzgeber die Gesetze, die auf zentraler Ebene erarbeitet wurden, in einem festgelegten Zeitraum in ihrem eigenen Rechtsrahmen implementieren. Diese Herausforderungen werden in diesem Werk, das ausgewählte Beiträge der 2018 an der Universität Antwerpen stattgefundenen Konferenz der Internationalen Gesellschaft für Gesetzgebung enthält, diskutiert. Es befasst sich mit allen Mehrebenensystemen; ein besonderer Fokus liegt jedoch auf der EU, wo die Spannung zwischen Autonomie und Effizienz besonders offensichtlich ist. Teil I untersucht das Thema auf allgemeinster Ebene und umfasst alle Typen von Mehrebenensystemen. Teil II befasst sich mit der EU-Perspektive und Teil III mit der Perspektive der Mitgliedsstaaten. Die Autoren sind Experten in verschiedenen Disziplinen und Praktiker, was einen interdisziplinäre Herangehensweise sicherstellt.

Observing Eurolects

Observing Eurolects Book
Author : Laura Mori
Publisher : John Benjamins Publishing Company
Release : 2018-12-15
ISBN : 9027263310
Language : En, Es, Fr & De

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Book Description :

Focusing on the multi-faceted topic of Eurolects, this volume brings together knowledge and methodologies from various disciplines, including sociolinguistics, legal linguistics, corpus linguistics, and translation studies. The legislative varieties of eleven EU official and working languages (Dutch, English, Finnish, French, German, Greek, Italian, Latvian, Maltese, Polish, Spanish) are analyzed using corpus methodologies in order to investigate the variational dynamics and translation-induced patterns of the different languages. The underlying assumption is that, within the sociolinguistic continua of the EU languages, it is possible to single out specific legislative varieties (Eurolects) that originate at a supra-national level. This research hypothesis is strongly supported by the empirical findings derived from detailed corpus analyses of each language. This work represents the first systematic and comprehensive linguistic research conducted on a wide range of EU languages using the same protocol and applying corpus methodologies to the extensive Eurolect Observatory Multilingual Corpus.

Remedies Concerning Enforcement of Foreign Judgements

Remedies Concerning Enforcement of Foreign Judgements Book
Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Kluwer Law International B.V.
Release : 2018-09-14
ISBN : 9041194177
Language : En, Es, Fr & De

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Book Description :

Brussels I Recast (Regulation No 1215/2012 on the recognition and enforcement of judgments in civil and commercial matters) is intended to simplify and expedite cross-border enforcement of debts. However, some existing issues remain unresolved, and new ones have already been identi?ed since the Regulation entered into force in 2015. This collection of expert essays, the ?rst book to focus systematically and comprehensively on the area of remedies in the light of Brussels I Recast, offers detailed analyses of inherent problems and includes practical hypothetical cases illustrating major issues and how they may be resolved. The aspects covered by the contributors – all well-known academics, lawyers, and judges from different EU Member States – include the following: – grounds for refusal of recognition and enforcement; – certi?cation of enforceability and timely service of the certi?cate; – adaptation of enforcement measures that are determined in the judgment but are not known in the Member State of enforcement; – effect of requesting a translation of the judgment; – ?nancial implications of remedies; and – provisional measures and their role in a timely protection of rights. Because the success of Brussels I Recast depends on a very unpredictable implementation into national systems, the extent to which national barriers represent obstacles to fair and ef?cient judicial protection is thoroughly examined. A very useful concluding chapter presents practical cases highlighting the most important, as well as problematic, issues concerning enforcement of foreign judgments. The in-depth analyses conducted by the contributors clearly de?ne serious obstacles and propose solutions that will lead to better implementation of Brussels I Recast, better protection of party's rights, and further harmonisation in this ?eld of civil justice. This book is sure to be of exceptional value to counsel for multinational enterprises, EU and Member State legislators, enforcement agencies, and academics worldwide.

Aequitas

Aequitas Book
Author : Erik Hertog
Publisher : Unknown
Release : 2001
ISBN : 0987650XXX
Language : En, Es, Fr & De

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Book Description :

Incorporates the recommendations of the EU Grotius Project 98/GR/131.

Paradoxes of European Legal Integration

Paradoxes of European Legal Integration Book
Author : Anne Lise Kjær,Mikael Rask Madsen
Publisher : Routledge
Release : 2016-12-05
ISBN : 1351912887
Language : En, Es, Fr & De

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Book Description :

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes - constitutionalization and democratization, institution-building and market-making, cross-cultural communication and European discourse, and cultural exceptionalism and normalization - to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken. It presents a timely, interdisciplinary approach to an important and topical area and will be of interest to those concerned with the place of socio-legal processes, language and culture in the continuous advancement of the EU project.

Institutional Translation for International Governance

Institutional Translation for International Governance Book
Author : Fernando Prieto Ramos
Publisher : Bloomsbury Publishing
Release : 2018-02-08
ISBN : 1474292305
Language : En, Es, Fr & De

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Book Description :

This volume provides a state-of-the-art overview of institutional translation issues related to the development of international law and policies for supranational integration and governance. These issues are explored from various angles in selected papers by guest specialists and findings of a large-scale research project led by the editor. Focus is placed on key methodological and policy aspects of legal communication and translation quality in a variety of institutional settings, including several comparative studies of the United Nations and European Union institutions. The first book of its kind on institutional translation with a focus on quality of legal communication, this work offers a unique combination of perspectives drawn together through a multilayered examination of methods (e.g. corpus analysis, comparative law for translation and terminological analysis), skills and working procedures. The chapters are organized into three sections: (1) contemporary issues and methods; (2) translation quality in law- and policy-making and implementation; and (3) translation and multilingual case-law.