Legal Translation vs. Legal Certainty in EU Law (CROSBI ID 56891)
Prilog u knjizi | izvorni znanstveni rad
Podaci o odgovornosti
Mišćenić, Emilia
engleski
Legal Translation vs. Legal Certainty in EU Law
This chapter primarily deals with the numerous and different challenges of legal translation in the process of legal approximation of the MS laws with the EU law. By using practical examples, the author demonstrates how and to what extent legal translation affects conceptual understanding of legal texts. Mistranslations of the EU acquis into different MS languages, problems with translation during MS accession negotiations, translation errors in language versions of directives, regulations, CJEU judgments and other sources of EU law published in the Official Journal of the European Union, different conceptual understanding and legal application of legal expressions arising from the EU acquis in the MS, different meanings of the “same” linguistic EU and MS legal terms etc., are only some of the issues in which language and law collide. Incorrect use of language in this context often leads to incorrect application of law and thus to wrong legal consequences, thereby bringing legal certainty seriously in question. This is why one should continue to raise the already existing awareness among both linguists and lawyers of the implications of these issues in legal practice and of the importance of the role of language in law in general.
multilingualism in the EU, legal translation of the EU acquis, legislative approximation, transposition of EU directives, application of EU law, legal certainty
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Podaci o prilogu
87-107.
objavljeno
10.1007/978-3-319-28596-2_7
Podaci o knjizi
Legal Risks in EU Law
Mišćenić, Emilia, Raccah, Aurélien
Springer
2016.
978-3-319-28596-2