Multilingualism and the Dynamic Interpretation of European Union Law

Derlén, Mattias

doi:10.5040/9781509929917.ch-028

Cited by 3 publications

(7 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Much research into the multilingual legal reasoning of the CJEU has been undertaken by legal scholars e.g. Derlén (2009), , McAuliffe (2013). While lawyers appear to be curious about how multilingualism affects judicial interpretation of EU law, linguists shy away from the complicated way in which courts do things with words in general.…”

Section: The Linguistic Importance Of Case-law Reasoningmentioning

confidence: 99%

“…In her opinion, the idea of a single EU legal language that allows EU law 26. For a comprehensive study of multilingual interpretation of European Union law see Derlén (2009). From a linguistic perspective cases involving language discrepancies activated by interpretive doubt are most interesting (Chapter 6, p. 119-171).…”

Section: A Summary Of Findingsmentioning

confidence: 99%

“…In view of this evident tension between legal certainty and multilingualism and the mounting costs of multilingual legislation, some scholars have suggested reforming the existing multilingualism policy. For example, Derlén (2009) proposes using English and French as mandatory consultation languages, that is, in addition to the national language, instead of maintaining equal authenticity of 24 language versions. A more radical proposal is voiced by Schilling (2010: 17) who argues for keeping only one authentic language, namely English, making all other languages official translations.…”

Section: What Will the Future Bring?mentioning

confidence: 99%

“…According to Bobek (2011: 128), the latter are genuine corrigenda that rectify typographic mistakes and 19. From the perspective of legal scholars, multilingualism does not lead to problems in national courts, but the uncertain and practically impossible guidelines from the ECJ (Derlén 2009). Assuming that "some comparison is surely better than none", Derlén advocates using English and French side by side with the national language version -which may reduce and root out translation mistakes.…”

Section: Practical Guidelines For Legal Translators Working In the Eumentioning

confidence: 99%

See 3 more Smart Citations

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Bajčić

2017

Terminology and Lexicography Research and Practice

View full text Add to dashboard Cite

Terminology and Lexicography Research and Practice aims to provide in-depth studies and background information pertaining to Lexicography and Terminology. General works include philosophical, historical, theoretical, computational and cognitive approaches. Other works focus on structures for purpose-and domain-specific compilation (LSP), dictionary design, and training. The series includes monographs, state-of-the-art volumes and course books in the English language.For an overview of all books published in this series, please see

show abstract

Section: The Linguistic Importance Of Case-law Reasoningmentioning

confidence: 99%

Section: A Summary Of Findingsmentioning

confidence: 99%

Section: What Will the Future Bring?mentioning

confidence: 99%

Section: Practical Guidelines For Legal Translators Working In the Eumentioning

confidence: 99%

See 2 more Smart Citations

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Bajčić

2017

Terminology and Lexicography Research and Practice

View full text Add to dashboard Cite

show abstract

“…The debate regarding the problems surrounding the meaning of EU concepts in the Member States is rather recent [See: 7,29,34,36,37,38,41] and dates back to the last twenty years. The previous lack of attention was probably caused by the acritical mental attitude of national jurists towards multilingualism, which was simply perceived as a linguistic regime rather than the normative core of the EU legal system that actually is.…”

Section: Eu Legal Language and The Member States: Opening Pandora's Boxmentioning

confidence: 99%

Common Contexts of Meaning in the European Legal Setting: Opening Pandora’s box?

Ioriatti

2022

Int J Semiot Law

View full text Add to dashboard Cite

The way comparative law methodology is handled by the variety of experiences of normative complexity around the world is, in itself, a stimulating and promising field of research. In particular, the “hybrid” character of the European Union legislation, being juridical and linguistic at the same time, remains the core of comparative law studies, but the dynamic relationship between law and language is constanlty producing ever-changing scenarios, calling for combined scientific approaches. Along with comparative law, semiotics in particular has ensured the proper reading of the complex juridical and linguistic interconnections between the EU legislation and the national courts interpreting and applying them, thanks to its implicit dynamicity and ability to favor the visualization of the real normative semantic flow. By means of a case study, the opening of this “Pandora’s box” will demonstrate that, despite the lack of correspondence among EU categorical and conceptual structure, legal language, court enforcement and spirit of the people (social group), shared contexts of meanings within the EU and the national contexts are already flourishing and become visible when approached from a specifically comparative and semiotics point of view, that's to say as legal formants and as signs and meta-concepts.

show abstract

Network analysis and comparative migration law: examples from the European Court of Human Rights

Byrne

Hansen

Olsen

2023

IJMBS

View full text Add to dashboard Cite

International migration law (IML) is famously fragmented, which provides fertile ground for comparative inquiry. However, this task is inhibited the heterodox nature of IML as it draws on a composite body of law that is expressed in different concepts, interpretations and languages. This paper presents network analysis as one useful methodology for navigating IML's normative architecture and empirically mapping case law and its interrelations. Part I introduces network analysis as a data driven method for representing the relationship between variables in a legal network. Part II exemplifies its empirical purchase in the European Court of Human Rights' migration case law. Part III suggests the further added value that arises for a comparative migration law by bringing into scope authoritative judicial practice across wider data sets. Part IV concludes reflexively by asking what unravelling the web of IML might reveal for a field always caught between universalist and relativist theoretical narratives.

show abstract

Multilingualism and the Dynamic Interpretation of European Union Law

Cited by 3 publications

References 0 publications

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

New Insights into the Semantics of Legal Concepts and the Legal Dictionary

Common Contexts of Meaning in the European Legal Setting: Opening Pandora’s box?

Network analysis and comparative migration law: examples from the European Court of Human Rights

Contact Info

Product

Resources

About