- Oxford Handbooks in Linguistics
- [UNTITLED]
- Acknowledgments
- Contributors
- Abbreviations and Acronyms
- Introduction
- A History Of The Languages Of Law
- Legal Vocabulary
- The Grammar And Structure Of Legal Texts
- Text And Genre
- The Plain Language Movement
- Linguistic Issues in Statutory Interpretation
- Contract Formation as a Speech Act
- Constitutional Interpretation
- Ambiguity And Vagueness In Legal Interpretation
- Legal Interpretation And The Philosophy Of Language
- Bilingual Interpretation Rules As A Component Of Language Rights In Canada
- Word Meaning and the Problem of a Globalized Legal Order
- Challenges To The Legal Translator
- Language And Law In The European Union: The Multilingual Jurisprudence Of The Ecj
- Fifty Years of Multilingual Interpretation in the European Union
- Linguistic Human Rights
- Language Policy in the United States
- Legal Rights of Linguistic Minorities in the European Union
- Investigating the Language Situation in Africa
- The Meaning of Silence in the Right to Remain Silent
- Potential Impact of Juvenile Suspects’ Linguistic Abilities on <i>miranda</i> Understanding and Appreciation
- The Caution in England and Wales
- The Language of Consent in Police Encounters
- The Language of Crime
- Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent
- Discourse in the us Courtroom
- Courtroom Discourse in Japan's New Judicial Order
- Courtroom Discourse in China
- The Language of Criminal Trials in an Inquisitorial System: The Case of the Netherlands
- Linguistic Issues in Courtroom Interpretation
- Instructing the Jury
- Using Linguistics in Trademark Cases
- Language And Copyright
- The Psycholinguistic Basis Of Distinctiveness in Trademark Law
- Author Identification In The Forensic Setting
- Corpus Linguistics In Authorship Identification
- Detecting Plagiarism
- Language Analysis For Determination Of Origin: Objective Evidence For Refugee Status Determination
- Factors Affecting Lay Persons’ Identification Of Speakers
- Forensic Speaker Comparison: A Linguistic–Acoustic Perspective
- References
- Index
Abstract and Keywords
Both the treaties of the European Union (EU) and the secondary legislation from EU institutions are currently issued in twenty-three different language versions. Discrepancies between these versions both jeopardize their equal authenticity, and make a uniform interpretation and application of EU law in all EU Member States more difficult. Yet, discrepancies between language versions have come up in the case law of the European Court of Justice (ECJ). Using a statistical analysis of fifty years of the ECJ's case law, all relevant judgments between 1960 and 2010, this article sheds further light on which interpretive method the ECJ is more likely to use in the event of linguistic discrepancies as an argument to justify its interpretation of EU law. It first discusses the discrepancies between the language versions that impede the multilingual interpretation of EU law. The article then makes use of the so-called ‘legal reasoning’ methodology to analyze the ECJ's case law, and considers the ECJ's use of the teleological approach and the literal approach to discrepancies.
Keywords: European Union, Court of Justice, language, multilingual interpretation, case law, linguistic discrepancies, legal reasoning, teleological approach, literal approach
Cornelis J. W. Baaij is PhD researcher at the University of Amsterdam School of Law and founder of the Amsterdam Circle for Law and Language. His research concentrates on the methodological relations between law and language, within the fields of comparative law, legal interpretation, and legal translation studies. His particular point of interest is the impact of Europe's multilingualism on the possibilities of legal harmonization in the EU.
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- Oxford Handbooks in Linguistics
- [UNTITLED]
- Acknowledgments
- Contributors
- Abbreviations and Acronyms
- Introduction
- A History Of The Languages Of Law
- Legal Vocabulary
- The Grammar And Structure Of Legal Texts
- Text And Genre
- The Plain Language Movement
- Linguistic Issues in Statutory Interpretation
- Contract Formation as a Speech Act
- Constitutional Interpretation
- Ambiguity And Vagueness In Legal Interpretation
- Legal Interpretation And The Philosophy Of Language
- Bilingual Interpretation Rules As A Component Of Language Rights In Canada
- Word Meaning and the Problem of a Globalized Legal Order
- Challenges To The Legal Translator
- Language And Law In The European Union: The Multilingual Jurisprudence Of The Ecj
- Fifty Years of Multilingual Interpretation in the European Union
- Linguistic Human Rights
- Language Policy in the United States
- Legal Rights of Linguistic Minorities in the European Union
- Investigating the Language Situation in Africa
- The Meaning of Silence in the Right to Remain Silent
- Potential Impact of Juvenile Suspects’ Linguistic Abilities on <i>miranda</i> Understanding and Appreciation
- The Caution in England and Wales
- The Language of Consent in Police Encounters
- The Language of Crime
- Interrogation Through Pragmatic Implication: Sticking to the Letter of the Law While Violating its Intent
- Discourse in the us Courtroom
- Courtroom Discourse in Japan's New Judicial Order
- Courtroom Discourse in China
- The Language of Criminal Trials in an Inquisitorial System: The Case of the Netherlands
- Linguistic Issues in Courtroom Interpretation
- Instructing the Jury
- Using Linguistics in Trademark Cases
- Language And Copyright
- The Psycholinguistic Basis Of Distinctiveness in Trademark Law
- Author Identification In The Forensic Setting
- Corpus Linguistics In Authorship Identification
- Detecting Plagiarism
- Language Analysis For Determination Of Origin: Objective Evidence For Refugee Status Determination
- Factors Affecting Lay Persons’ Identification Of Speakers
- Forensic Speaker Comparison: A Linguistic–Acoustic Perspective
- References
- Index