[PDF] Language Rights And The Law In The European Union eBook

Author : Eduardo D. Faingold
Publisher : Springer Nature
Page : 154 pages
File Size : 16,64 MB
Release : 2019-11-15
Category : Language Arts & Disciplines
ISBN : 3030330125

GET BOOK

This book examines the language policies relating to linguistic rights in European Union law and in the constitutions and legal statutes of some European Union member states. In recent years, the European Union has seen an increase in claims for language recognition by minority groups representing a considerable population (such as Catalan in Spain and Welsh in the UK). Additionally, there is a developing situation surrounding the official use of English within the European Union in the aftermath of the Brexit vote. In light of these two contexts, this book focuses on the degree of legal protection afforded to linguistic groups in the European Union. It will be of interest to students and scholars of language policy, EU law, minority languages and sociolinguistics.

Author : Stefaan Van der Jeught
Publisher :
Page : 0 pages
File Size : 29,22 MB
Release : 2015
Category : European Union countries
ISBN : 9789089521729

GET BOOK

EU Language Law gives a comprehensive account of all language regulations and arrangements which currently exist in EU law. First and foremost, the book covers the various explicit and implicit language regimes of EU institutions, bodies, and agencies, explaining how and why they came about. It explores numerous other EU language provisions in the area of freedom, security, and justice, relating to quite diverse topics, such as road traffic offenses, recognition of national court decisions, the European Arrest Warrant, and crime victims. It also discusses EU linguistic provisions in the internal market regarding product labeling or the language proficiency assessment of professionals, such as medical doctors or lawyers seeking to provide services in other EU Member States. Many other issues, such as language testing for newcomers in society and language proficiency requirements for employment, are investigated. The book highlights an often neglected yet tremendously important aspect of EU integration: the language issue. *** Librarians: ebook available on ProQuest and EBSCO [Subject: European Law]

Author : Richard L. Creech
Publisher : Europa Law Publishing
Page : 192 pages
File Size : 30,61 MB
Release : 2005
Category : Law
ISBN : 9789076871837

GET BOOK

The European Economic Community, founded in 1957, consisted of six Member States with a combined total of four official languages. By 2004, this organization had evolved into a European Union of twenty-five Member States with more than twenty official languages among them. This increase has presented numerous challenges to the EU's internal linguistic regime, where formal policy has been, with some notable exceptions, to treat all of these languages equally. Some of these languages - English in particular - have been more equal than others. Languages that lack nation-wide official status in any Member State - such as Catalan and Welsh - have been overtly denied equal treatment. Furthermore, the multilingual nature of the EU has had significant implications for any Member State that wishes to regulate the use of language within its territory, as such regulation can interfere with the rights accorded to citizens of other Member States to participate in free commercial movement throughout the Union. Law and Language in the European Union - now in paperback - examines how, in the linguistic realm, the EU has responded to the tensions that lie behind this paradoxical motto.

Author : Xabier Arzoz
Publisher : John Benjamins Publishing
Page : 281 pages
File Size : 16,38 MB
Release : 2008-01-09
Category : Language Arts & Disciplines
ISBN : 9027291322

GET BOOK

After the accession of ten new member-states in 2004, the number of official EU languages increased from eleven to twenty. In 2005, the Council of the European Union decided to expand the existing legal framework for Irish and for other languages, such as Basque, Catalan and Galician, which are official in all or part of the territory of a given member-state. On 1 January 2007 Bulgaria and Romania joined the EU, increasing the number of official EU languages still further. This book addresses the challenge of respecting linguistic diversity within the EU and is intended as an introduction to the issue for those not already familiar with EU law. It also provides an analysis of the potential of the Charter of Fundamental Rights of the European Union to enhance respect for linguistic diversity. Each chapter has been written by a recognised expert in the field. The appendices bring together the basic legal norms relating to linguistic diversity within EU institutions.

Author : Iñigo Urrutia
Publisher :
Page : 20 pages
File Size : 24,64 MB
Release : 2008
Category :
ISBN :

GET BOOK

The territory of the European Union is made up of a rich and wide-ranging universe of languages, which is not only circumscribed to the "state languages". The existence of multilingualism is one of Europe's defining characteristic and it should remain so in the constantly evolving model of Europe's political structure. Linguistic rights have been dealt with under Community law through various viewpoints. The linguistic regime of the European Union is essentially of a legal nature. As a consequence of the legal regime of the languages there is a graduation between them. The building of political and economic Europe based on the "state language" concept affects the European linguistic diversity itself. Nevertheless, the express legal recognition to the European linguistic diversity takes place in a new context: the context of the opening of the European Union to fundamental rights. The respect for the linguistic diversity is shaped as an aim of the Union, identifying a sphere of action. A sphere of action that has to materialise itself with specific measures. We will see if there is enough legal basis to say that linguistic rights do form part of the general principles of law. If linguistic rights are considered as general principles under Community law, when do they have to apply?

Author : Niamh Nic Shuibhne
Publisher : BRILL
Page : 400 pages
File Size : 16,13 MB
Release : 2021-10-25
Category : Law
ISBN : 900447871X

GET BOOK

The European Community has pledged respect for the cultural and linguistic diversity of its Member States and has recognized minority languages as an inherent constituent in this regard. This development reflects a broader trend within the Community towards grappling with less obvious aspects of supranational governance. Minority language groups turn optimistically to `Europe' in response. But, despite rhetorical promises, just what can the EC actually be expected to do in the realm of minority language protection, a politically sensitive and traditionally domestic concern? Arguments put forward to date focus primarily on philosophical, moral, economic, and political discourse. While these considerations are a vital aspect of the debate on minority languages and on linguistic diversity more generally, the question of legal basis remains largely unanswered. For the first time, this book traces comprehensively the existence of an appropriate legal basis for action undertaken by the EC in this domain, striving in particular to locate a pragmatic yet effective balance between legitimate possibility and acceptable limitations.

Author : Susan Šarčević
Publisher : Routledge
Page : 271 pages
File Size : 28,88 MB
Release : 2016-03-09
Category : Political Science
ISBN : 1317108019

GET BOOK

Written by distinguished legal and linguistic scholars and practitioners from the EU institutions, the contributions in this volume provide multidisciplinary perspectives on the vital role of language and culture as key forces shaping the dynamics of EU law. The broad spectrum of topics sheds light on major Europeanization processes at work: the gradual creation of a neutralized EU legal language with uniform concepts, for example, in the DCFR and CESL, and the emergence of a European legal culture. The main focus is on EU multilingual lawmaking, with special emphasis on problems of legal translation and term formation in the multilingual and multicultural European context, including comparative law aspects and an analysis of the advantages and disadvantages of translating from a lingua franca. Of equal importance are issues relating to the multilingual interpretation of EU legislation and case law by the national courts and interpretative techniques of the CJEU, as well as the viability of the autonomy of EU legal concepts and the need for the professionalization of court interpreters Union-wide in response to Directive 2010/64/EU. Offering a good mix of theory and practice, this book is intended for scholars, practitioners and students with a special interest in the legal-linguistic aspects of EU law and their impact on old and new Member States and candidate countries as well.

Author : Anne Lise Kjær
Publisher : Routledge
Page : 242 pages
File Size : 11,87 MB
Release : 2016-05-06
Category : Law
ISBN : 1317104927

GET BOOK

What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.

Author : C. J. W. Baaij
Publisher : Oxford University Press
Page : 313 pages
File Size : 21,94 MB
Release : 2018
Category : Language Arts & Disciplines
ISBN : 0190680784

GET BOOK

How can the European Union create laws that are uniform in a multitude of languages? Specifically, how can it attain both legal integration and language diversity simultaneously, without the latter compromising the former? C.J.W. Baaij argues that the answer lies in the domain of translation. A uniform interpretation and application of EU law begins with the ways in which translators and jurist-linguists of the EU legislative bodies translate the original legislative draft texts into the various language versions. In the European Union, law and language are inherently connected. The EU pursues legal integration, i.e. the incremental harmonization and unification of its Member States' laws, for the purpose of reducing national regulatory differences between Member States. However, in its commitment to the diversity of European languages, its legislative institutions enact legislative instruments in 24 languages. Language Diversity and Legal Integration assesses these seemingly incompatible policy objectives and contemporary translation practices in the EU legislative procedure, and proposes an alternative, source-oriented approach that better serves EU policy objectives. Contrary to the orthodox view in academic literature and to the current policies of the EU, this book suggests that the English language version should serve as the original and only authentic legislative text. Translation into the other language versions should furthermore avoid prioritizing clarity and fluency over syntactic correspondence and employ neologisms for distinctly EU legal concepts. Ultimately, Baaij provides practical solutions to the conflict between the equality of all language versions, and the need for uniform interpretation and application of EU law.

Author : Douglas A. Kibbee
Publisher : John Benjamins Publishing
Page : 433 pages
File Size : 25,34 MB
Release : 1998-08-15
Category : Language Arts & Disciplines
ISBN : 9027275076

GET BOOK

The contributions to this volume cover a broad range of issues in language policy that are hotly debated in every corner of the globe. The articles included investigate the implications of language policies on the notion of language rights as the issues are played out in very specific circumstances — from the courtroom in Australia to the legislature in California to the educational system in England to the administrative practices of the European Commission. The authors explore conflicts between basic conceptions of fairness in justice, administration and education on the one hand, and political and economic realities on the other. Articles focus on langage issues in the United States, Canada, Brazil, England, France, Slovakia, Russia, Sri Lanka, Australia and several African states. Other articles consider the implications of new supernational agreements — the European Union, NAFTA, GATT, the OAU — on language issues in the signatory states. In sum the volume offers an extensive presentation of current issues and practices in language policy and linguistic human rights.