LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY?
The rule of law, guaranteed in democratic countries, requires that those who are subject to the law should be able to know the law (the principle of legal certainty). Hence, a citizen should have an access to laws in a language that he or she knows. Therefore, in multilingual settings, the principl...
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| Format: | Article |
| Language: | deu |
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Adam Mickiewicz University, Poznan
2016-11-01
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| Series: | Comparative Legilinguistics |
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| Online Access: | https://pressto.amu.edu.pl/index.php/cl/article/view/6518 |
| _version_ | 1818249783421173760 |
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| author | Agnieszka DOCZEKALSKA |
| author_facet | Agnieszka DOCZEKALSKA |
| author_sort | Agnieszka DOCZEKALSKA |
| collection | DOAJ |
| description |
The rule of law, guaranteed in democratic countries, requires that those who are subject to the law should be able to know the law (the principle of legal certainty). Hence, a citizen should have an access to laws in a language that he or she knows. Therefore, in multilingual settings, the principle of legal multilingualism requires that legal acts be drafted in all official languages and provides that all language versions be equally authentic and contribute to the meaning of a legal act. Thus, citizens can read laws in a language they understand. On the other hand, since no two languages are identical, the discrepancies between language versions, due to the nature of language or a mistake, are inevitable. The paper identifies methods applied by judges of the Court of Justice of the European Union and national courts to deal with the discrepancies between language versions of EU legal acts. Through case law analysis, the paper demonstrates whether the principle of legal multilingualism actually guarantees legal certainty and what courts can do to make the right to remain unilingual in a multilingual setting real.
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| first_indexed | 2024-12-12T15:41:59Z |
| format | Article |
| id | doaj.art-bc09068884e245c89bd33a424dfc1ce8 |
| institution | Directory Open Access Journal |
| issn | 2080-5926 2391-4491 |
| language | deu |
| last_indexed | 2024-12-12T15:41:59Z |
| publishDate | 2016-11-01 |
| publisher | Adam Mickiewicz University, Poznan |
| record_format | Article |
| series | Comparative Legilinguistics |
| spelling | doaj.art-bc09068884e245c89bd33a424dfc1ce82022-12-22T00:19:53ZdeuAdam Mickiewicz University, PoznanComparative Legilinguistics2080-59262391-44912016-11-012010.14746/cl.2014.20.01LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY?Agnieszka DOCZEKALSKA0Department of Theory and Philosophy of Law, Kozminski University, ul. Jagielloska 57/59, 03-301 Warsaw, Poland The rule of law, guaranteed in democratic countries, requires that those who are subject to the law should be able to know the law (the principle of legal certainty). Hence, a citizen should have an access to laws in a language that he or she knows. Therefore, in multilingual settings, the principle of legal multilingualism requires that legal acts be drafted in all official languages and provides that all language versions be equally authentic and contribute to the meaning of a legal act. Thus, citizens can read laws in a language they understand. On the other hand, since no two languages are identical, the discrepancies between language versions, due to the nature of language or a mistake, are inevitable. The paper identifies methods applied by judges of the Court of Justice of the European Union and national courts to deal with the discrepancies between language versions of EU legal acts. Through case law analysis, the paper demonstrates whether the principle of legal multilingualism actually guarantees legal certainty and what courts can do to make the right to remain unilingual in a multilingual setting real. https://pressto.amu.edu.pl/index.php/cl/article/view/6518legal multiligualismEU textslegal translation |
| spellingShingle | Agnieszka DOCZEKALSKA LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? Comparative Legilinguistics legal multiligualism EU texts legal translation |
| title | LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? |
| title_full | LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? |
| title_fullStr | LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? |
| title_full_unstemmed | LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? |
| title_short | LEGAL MULTILINGUALISM AS A RIGHT TO REMAIN UNILINGUAL – FICTION OR REALITY? |
| title_sort | legal multilingualism as a right to remain unilingual fiction or reality |
| topic | legal multiligualism EU texts legal translation |
| url | https://pressto.amu.edu.pl/index.php/cl/article/view/6518 |
| work_keys_str_mv | AT agnieszkadoczekalska legalmultilingualismasarighttoremainunilingualfictionorreality |