By Elina Paunio
How can multilingualism and criminal sure bet be reconciled in european legislation? regardless of the significance of multilingualism for the eu undertaking, it has attracted in basic terms restricted realization from felony students. This ebook presents a precious contribution to this another way missed zone. while firmly located in the box of european legislations, the booklet additionally employs theories constructed in linguistics and translation reviews. extra rather, it explores the uncertainty surrounding the that means of multilingual ecu legislations and the impression of multilingualism on judicial reasoning on the ecu court docket of Justice. To reconceptualize criminal sure bet in ecu legislations, the e-book highlights the significance of obvious judicial reasoning and discussion among courts and indicates a discursive version for adjudication on the eu court docket of Justice. in accordance with either concept and case legislations research, this interdisciplinary research is a crucial contribution to the sphere of ecu criminal reasoning and to the learn of multilingualism inside ecu criminal scholarship.
Read or Download Legal Certainty in Multilingual EU Law : Language, Discourse and Reasoning at the European Court of Justice PDF
Best comparative books
Global Corruption Report 2007: Corruption in Judicial Systems
An exam of ways, why and the place corruption mars judicial techniques.
The Unauthorised Agent: Perspectives from European and Comparative Law
The focal point of this publication, the felony scenario created whilst an agent acts with out authority, is likely one of the most vital matters in service provider legislation. The research is split into 3 sections: obvious authority, ratification and the legal responsibility of the falsus procurator. Adopting a distinct comparative viewpoint, the contributions are drawn from many alternative criminal structures, supplying the chance for research of the ecu universal law/civil legislations divide.
- Linguistic Survey of India, Vol 1
- Comparative Study of the Public Service Ethics of the EU Member States 1, 2007
- Vicarious Liability in Tort: A Comparative Perspective
- China and India in the Age of Globalization
Extra resources for Legal Certainty in Multilingual EU Law : Language, Discourse and Reasoning at the European Court of Justice
Example text
166 Morijn 2006: 18. 167 To be sure, fundamental rights – as expressed in the ECHR and relevant case law – set constraints on the way in which EU law can be interpreted. Lastly, linguistic (semantic) arguments, which are based on the meaning of individual words or expressions, indicate the Court’s willingness never to wholly abandon the text. 169 It is argued in the following that the multilingual nature of EU law makes linguistic reasoning even more problematic than in mono- or bilingual legal systems.
In essence, he argues for interpretative restraint in the context of EU law and for a return to originalism. 172 Case 283/81, CILFIT v Ministère de la santé [1982] ECR 3415. 173 Reconstructing the CILFIT guidelines in the EU of over 20 Member States, Bobek argues that taking multilingualism seriously would mean the following for interpreting EU law. (a) Since all language versions are equally authentic, they cannot be read in isolation. This means that interpreting any one piece of EU legislation involves reading all versions in parallel.
Bengoetxea 2007: 59. 150 Sankari’s analysis distinguishes between different opinions expressed in legal scholarship as to the method of interpretation used by the Court. It seems that the majority of scholars ascribe special importance to teleological traits in the Court’s reasoning. Sankari 2011: 65–68. Lost in translation 29 the Court can be deduced from the case law. 154 Importantly, however, even the most recent enlargements, and consequently, the exponential growth in the number of official languages, have not led the Court to officially reconsider its position on the need for (and usefulness of) comparison; instead, comparison remains one of the techniques employed by the Court to justify its judgments.