Legal Certainty in Multilingual EU Law : Language, Discourse by Elina Paunio

By Elina Paunio

How can multilingualism and felony sure bet be reconciled in european legislations? regardless of the significance of multilingualism for the eu venture, it has attracted basically restricted recognition from criminal students. This e-book offers a useful contribution to this another way ignored region. while firmly positioned in the box of ecu legislations, the e-book additionally employs theories constructed in linguistics and translation experiences. extra fairly, it explores the uncertainty surrounding the that means of multilingual european legislations and the influence of multilingualism on judicial reasoning on the ecu courtroom of Justice. To reconceptualize criminal simple task in ecu legislation, the publication highlights the significance of obvious judicial reasoning and discussion among courts and indicates a discursive version for adjudication on the ecu court docket of Justice. in accordance with either idea and case legislations research, this interdisciplinary learn is a vital contribution to the sphere of ecu criminal reasoning and to the research of multilingualism inside ecu criminal scholarship.

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Cf. Tridimas 2011: 102–103. Case C-94/00, Roquette Frères [2002] ECR I-9011. g. Derlén 2007 for a detailed analysis of the challenges the multilingual character of EU law poses, particularly on the national level. The Court has admitted that the multilingual nature of EU law involves problematic aspects in the context of judicial interpretation. g. case 29/69, Stauder v Stadt Ulm [1969] ECR 419, para 3. See also generally on problems related to literal interpretation Lindroos-Hovinheimo 2006: 61 et seq.

This last-mentioned temporal aspect of contextuality is interesting because it highlights the dynamic and continuously evolving character of EU law, tying contextual arguments closely to those possessing a 139 MacCormick and Summers 1991. See also Bengoetxea 1993: 233–234, Alexy 1989: 234–244, who further distinguishes between genetic, historical, and comparative arguments. Some confusion exists between dynamic and teleological arguments. The firstmentioned category of arguments is often referred to as teleological arguments although, for instance, Bengoetxea categorizes teleological arguments as a subcategory of dynamic arguments.

Justifying a judicial decision consists in a discursive activity aiming at giving legally ‘good’ or ‘correct’ reasons to a given audience. Interpersonal and communicative, legal justification is ingrained in discourse. Discourse, then, may be taken to refer to the context where reasoning takes place. 107 Hence, in justifying its decisions the ECJ is bound by the constraints of judicial reasoning accepted in the EU legal system: it may only use interpretive criteria considered as acceptable in legal argumentation in the particular context of EU law.

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