Naslov
Legal Translation vs. Legal Certainty in EU Law

Autori
Mišćenić, Emilia

Vrsta, podvrsta i kategorija rada
Poglavlja u knjigama, znanstveni

Knjiga
Legal Risks in EU Law

Urednik/ci
Mišćenić, Emilia, Raccah, Aurélien

Izdavač
Springer

Godina
2016

Raspon stranica
87-107

ISBN
978-3-319-28596-2

Ključne riječi
multilingualism in the EU, legal translation of the EU acquis, legislative approximation, transposition of EU directives, application of EU law, legal certainty

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA