Legal certainty in multilingual eu law language, discourse and. The main question addressed is how multilingualism and legal certainty may be reconciled in the eu legal system. The eus multilingualism policy and the multilingual nature of the eu legal order is a perennial topic of both. Ingemar strandvik, quality manager 2 tradulinguas 2011. The shifting meaning of legal certainty in comparative and transnational law. It also emphasises the need for an explicit statutory provision in the withdrawal act for national courts to have due regard to pre and post brexit eu rulings and decisions and, where necessary, apply consistent interpretation to eu derived law ensure equality, legal certainty and the maintenance of a level playing field. Karen mcauliffe, university of exeter, uk elina paunio has written an excellent book on what she terms discursive legal certainty in multilingual eu law. The present chapter considers the production of multilingual law in the european union, and in particular the multilingual jurisprudence produced by the court of justice of the european union ecj. Beginning by examining its origins, conway locates eu law within both an i.
The study begins with a discussion on the role of translation in drafting eu legislation and its implications for interpreting eu law at the european court of justice ecj. Free international law books download ebooks online textbooks. The palestinian leadership failed disastrously by not coming up with an alternative to the u. The new 2010 edition lisbon edition of essential eu law in charts is out, this time together with a brief companion text called essential eu law in text. Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. Laws, you may say, are standards of behaviour that can be communicated and some of which are made by using language. A study in comparative and ec law modern studies in european law 01 by nebbia, paolisa isbn. Certainty in english law sets out rules for how judges will interpret, sever or put contracts, trusts and other voluntary obligations into effect if the terms of the contract are uncertain or incomplete, the parties cannot have reached an agreement in the eyes of the law. This long needed reference on the innumerable and increasing ways that the law intersects with translation and interpreting features essays by scholars and professions from the united states, australia, hong kong, iceland, israel, japan, and sweden. To reconceptualize legal certainty in eu law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at the european court of justice. By using practical examples, the author demonstrates how and to what extent legal translation affects conceptual understanding of legal texts.
Whilst firmly situated within the field of eu law, the book also employs. Apr 14, 2016 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. In contract law, the terms of a contract are certain when each of the provision is described or explained properly and clearly set forth. Amazon pay best sellers mobiles customer service new releases pantry sell computers books amazonbasics baby gift ideas kindle ereaders free kindle reading apps kindle ebooks kindle unlimited prime reading deals on kindle ebooks. The shifting meaning of legal certainty in comparative and. International law for business aims at providing the regulations required for execution of international transactions involving more than one nation. Text and telos in the european court of justice gunnar beck, the legal. How can multilingualism and legal certainty be reconciled in eu law. Eu law provides a comprehensive examination of the law of the european union in two distinct parts, covering the institutions, structure and processes of the eu as well as the substantive law, as enacted by the lisbon treaty. Rules and principles of law become more and more uncertain in content and in application because legal systems are biased in favor of unravelling those rules and principles. More particularly, it explores the uncertainty surrounding the meaning of multilingual eu law and the impact of multilingualism on judicial reasoning at the european court of justice. Legal certainty in multilingual eu law paunio elina. Interlingual uncertainty in bilingual and multilingual law.
They allow to use the two materials sidebyside over a broad range of study. May 04, 2016 van meerbeeck explains that currently, the principle of legal certainty in the european legal order, while significant in its theoretical and constitutional value as a general principle of eu law, has had limited effectiveness in practice due to its confusing and sometimes even contradictory way in which it is applied by eu judges. In this article i attempt to show what these biases are, and why commentators who have argued that the law tends toward. Highlighting the complex role of translation in forging a common european legal culture and the particular significance of legal translation in the interpretation and application of multilingual eu law, this presentation discusses the specificities of eu official legal multilingualism and the relevance of translation theories and practices in. To reconceptualize legal certainty in eu law, the book highlights the importance of. Language, discourse and reasoning at the european court of justice. International criminal law and practice training materials pdf 26p currently this section contains no detailed description for the page, will update this page soon. I consider that the most important innovation in our remedies these last years has been a simplification push on our side for both mergers and antitrust, leading to greater effectiveness.
Language, discourse and reasoning at the european court of justice law, language and communication 1st edition. Building on its unrivalled reputation as the definitive eu text, cases, and materials book, this edition looks in detail at the way in which the treaty of lisbon has radically changed both the institutional and substantive law. Jan 30, 20 this particular relationship between law and language becomes all the more evident in legal orders where law is produced in more than one language. A law, therefore, is not an assemblage of signs, and law is not necessarily made by the use of language, and every legal system has norms that were not made by the use of language. To reconceptualize legal certainty in eu law, the book highlights the importance of transparent judicial reasoning and dialogue between courts and suggests a discursive model for adjudication at. The views expressed in this entry are those of the authors and do not necessarily reflect the views of the american encyclopedia of law. Certainty means assurance or the state of being certain, such as the certainty of death. Together, the two books reflect a modular approach to studying and teaching eu law. Oxford university press online resource centre eu law. Language, discourse and reasoning at the european court of justice law, language and communication elina paunio on. Apr 12, 2007 she holds phd in translation studies and ll. Van meerbeeck on the principle of legal certainty in the case. Specific facts can and often do drastically change legal results.
A language perspective ashgate, 2004, translation at the united nations in chinese, 2006, china. Her argument is well structured and perfectly balanced between a legal and a linguistic perspective. Despite the importance of multilingualism for the european project. Find all the books, read about the author, and more. Israeli position at camp david and subsequent negotiations through the end of the clinton presidency. Doi link for legal certainty in multilingual eu law. Essential eu law in charts and essential eu law in text. International criminal law and practice training materials.
Add accountability and legitimacy in the european union to cart. The book legal risks in eu law is the first in a line of publications that will try. Whilst firmly situated within the field of eu law, the book also employs theories developed in linguistics and translation studies. Law and language stanford encyclopedia of philosophy. More than 2000 free ebooks to read or download in english for your computer, smartphone, ereader or tablet. Elina paunio, legal certainty in multilingual eu law, language, discourse and reasoning at the european court of justice. Language, discourse and reasoning at the european court of justice, by elina paunio. In brief, the main arguments of the book are that the multilingual character of eu law increases the uncertainty of eu law, limiting the usefulness of linguistic arguments in interpretation and reducing formal legal certainty, in the sense of predictability, to nothing more than an illusion. Effectiveness, proportionality and legal certainty are the guiding principles in all our remedies cases. Law electronic books ebooks for all free ebooks download. Superdiversity and the relationship between law, language and. If you are looking for a new edition or new title not listed below, visit the subject page on our new combined site that hosts online resources to accompany textbooks from the uk, us, and canada. B hons, and has published in the areas of translation studies, legal translation, semiotics and philosophical and linguistic analysis of chinese law and legal culture.
The struggle between legal certainty and equity is as old as the law itself. Text, cases, and materials provides clear and insightful analysis of all aspects of european law in the post lisbon era. Everyday low prices and free delivery on eligible orders. Legal certainty in multilingual eu law ebook por elina. This section contains free e books and guides on international law, some of the resources in this section can be viewed online and some of them can be downloaded. Legal certainty in multilingual eu law by elina paunio, 9781409438618, available at book depository with free delivery worldwide.
To get the free app, enter your mobile phone number. Legal certainty in multilingual eu law ebook by elina. Visit our european union law resource centre for updates and analysis by oup eu law authors. Language, discourse and reasoning at the european court of justice law, language and communication ebook.
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