Linguistic Comparison within CJEU’s Decision-Making: A Debunking Exercise

Bajčić, Martina

doi:10.1007/s11196-020-09751-4

Cited by 6 publications

(4 citation statements)

References 15 publications

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“…e focus is on whether the principle of good faith applies to judges [10]. From the perspective of the legislative spirit, the principle of good faith applies not only to the parties, but also to the participants in other civil litigation legal relations [11].…”

Section: Introductionmentioning

confidence: 99%

The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law

Ma¹

2022

Advances in Multimedia

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In order to explore the connotation and construction path of the principle of good faith from the perspective of civil and commercial law, this paper combines intelligent algorithms to analyze the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. Moreover, this paper presents a topology network specially used to improve the energy absorption efficiency of the isolation resistor used in the power divider and theoretically analyzes the effectiveness of the isolation topology. In addition, this paper further optimizes the topology of the two-way broadband filter power divider and builds a simulation model based on the basic content of the principle of good faith. From the research results, the simulation model proposed in this paper can play a certain role in the connotation and construction path of the principle of good faith from the perspective of civil and commercial law. On this basis, some suggestions on the connotation and construction path of the principle of good faith are put forward.

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Section: Introductionmentioning

confidence: 99%

The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law

Ma¹

2022

Advances in Multimedia

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“…Martina Bajčić [44] in her paper entitled Linguistic Comparison within CJEU's Decision-Making: A Debunking Exercise investigates the role of interpretation of multilingual versions of EU legal texts. The issue is fascinating, not least because, on the one hand, "the Court of Justice of the European Union (hereinafter: CJEU) openly acknowledges it, by stating that no legal consequences can be based on the terminology used" [44], but, on the other hand, the CJEU conducts linguistic constructions of these texts to discover the meaning that prevails throughout the European Union [45]. The paper implicitly touches upon the theory of Third Space in interlingual communication.…”

Section: Third Space Of Explicit and Implicit Eu Communicationmentioning

confidence: 99%

“…Given the fact that discrepancies between language versions will not go away as they are inherent to translation and multilingual nature of EU law, future research should explore alternatives to the duty of linguistic comparison, first and foremost with respect to national courts. [44].…”

Section: Third Space Of Explicit and Implicit Eu Communicationmentioning

confidence: 99%

“…However, with so many official EU languages that belong to different language families, different legal systems and are characterized by varying degrees of isomorphism, the elimination of interpretation is unfeasible. Bajčić [44] draws readers' attention to the fact that the interpretation process can be advantageous for national court judges, as it ensures "more clarity when faced with potential language discrepancies or ambiguities, and in turn, more uniform interpretation and application of EU law". Therefore, although fewer and fewer such comparisons are carried out by the CJEU, their complete elimination would be to the detriment of EU citizens and judges.…”

Section: Third Space Of Explicit and Implicit Eu Communicationmentioning

confidence: 99%

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The Multiplicity of Third Space of Communication in Law

Matulewska

Wagner

2021

Int J Semiot Law

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Communication in law provides a space for alternatives, a Third Space, wherein boundaries between various systems are strongly anchored to a country's language, history and societal development. Transfers, modifications, and integrations of such systems into other target languages may result in many effects of distortions and appropriations, reformulations and renewals as well as of misinterpretations in communication. Hence, Third Space is a necessary prerequisite for negotiation, transformation and translation from culture A to culture B, since it operates as a multi-stage dynamic where such mechanisms should be analyzed in a fair and equitable manner. Keyword Third space • Legal translation • Legal interpretation • Legal communication • Intralingual communicationLe droit, comme les autres matières de la connaissance, a été happé par le maelström moderne de la communication [50, p.95] The Multiplicity of Third Spaces in TranslationThe theory of Third Space was developed by Bhabha [1, 2] who addressed issues of communication under colonial contexts. His investigation into the equality of communication reveals that: it is the space of intervention emerging in the cultural interstices that introduces creative invention into existence. And one last time, there is a return to the performance of identity as iteration, the re-creation of the self in the world of travel, the resettlement of the borderline community of migration. [1, p. 9].

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Rodolfo Sacco’s Legacy: Insights from a Young Scholar

Bergomi

2024

Int J Semiot Law

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This article aims to demonstrate the enduring impact of Rodolfo Sacco’s influential contributions to comparative law on the perspectives of young scholars. It explores two pivotal aspects of his research that continue to significantly influence the work of a young scholar—the theory of legal formant and exploration of the relationship between law and language. The article also briefly highlights the relevance of legal comparison in the contemporary European legal context.

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Linguistic Comparison within CJEU’s Decision-Making: A Debunking Exercise

Cited by 6 publications

References 15 publications

The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law

The Connotation and Construction Path of the Principle of Good Faith from the Perspective of Civil and Commercial Law

The Multiplicity of Third Space of Communication in Law

Rodolfo Sacco’s Legacy: Insights from a Young Scholar

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