Naslov
Multiligual Law and Judicial Interpretation n the EU

Autori
Ćapeta, Tamara

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Curriculum, Multilingualism and the Law

Urednik/ci
Šočanac, Lelija

Izdavač
Nakladni zavod Globus

Grad
Zagreb

Godina
2009

Raspon stranica
91-112

ISBN
066-0661428-2512

Ključne riječi
multilingualism, judicial interpretation, European Court of Justice

Sažetak
The purpose of this article is to assess how multilingualism affects judicial interpretation of EU law. In the EU, the European Court of Justice is in the position of having the final say on what EU norms mean. Therefore, the article looks into the case law of that Court. It is well known that all official EU languages (23 of them at present) are authentic languages. It is less known what consequences this has for interpretation in judicial proceedings. The first aim of the article is to find out which consequences the ECJ has drawn from this fact. Secondly, even though in some cases (e.g. CILFIT) the ECJ has postulated language comparison as a necessary step in construing the meaning of EU law, it is clear that such comparisons are not performed on a regular basis. Therefore, the article looks into when, on whose initiative, and for what purpose the Court performs a comparison of the same EU norm(s) expressed in different languages. The article then looks into what the Court does if discrepancies in different language versions are found, and concludes that such a problem is overcome by looking for the purpose of a legal norm. Finally, it is found that multilingualism does not significantly affect the manner and outcome of interpretation by the ECJ.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA