engleski

Coping with the Challenges of Legal Translation in the Harmonization Process

Recognizing that the role of legal translation is crucial for the proper functioning of European law, it is not only desirable but also necessary to make translations of EU secondary legislation more effective, especially directives which must be transposed into national law as part of the harmonization process. With this in mind, this study investigates ways in which legal translation studies can help translators select appropriate strategies to cope with the challenges of translating EU directives. Instead of the traditional literal approach, it argues for the need for a receiver-oriented approach and encourages translators to use the functional approach of comparative law in the search for equivalents. Special emphasis is placed on the importance of translating concepts, not terms, and the use of conceptual analysis when deciding whether to use terms designating concepts of national law in translations of EU directives. When making terminological decisions, translators need to distinguish between EU terms and concepts and those of their own national law and to know when and where it is appropriate to use national terms.

legal translation, legal harmonization, functional approach of comparative law, legal translation studies

Večinu poglavlja ove knjige čine odabrani radovi sa skupa održanog 21.01.2011.g., Amsterdam, Nizozemska. Ovaj je rad je prezentiran kao pozvano predavanje.