ISBN 9041125329
October 2006, Kluwer Law International
As European lawyers dealing with cross-border issues quickly learn, the terms
contract, contrat, and contratto signify three very different legal concepts.
This illustration highlights the importance of studying the relationships
between language and law, particularly in the context of strong pressure from
the European Community to harmonise the laws of the Member States a process
which appears difficult, if not impossible, unless there is an understanding
of the profound differences which exist between the various legal systems, and
the development of a common European legal language from the 21 official
languages now a feature of the European Union.
This admirable collection of essays brings together the work of practitioners
and scholars in three fields pertinent to this endeavour: representatives of
Community institutions who are involved in drafting, translating, and
interpreting multilingual texts; jurists and comparative lawyers from both
civil law and common law systems; and researchers in linguistics and language
issues. Among the many relevant matters they discuss are the following:
The essays were originally presented as papers at a conference held in Como in
April 2005, organised by the Faculty of Law of the University of Insubria
together with the Centro Interuniversitario di Ricerca in Diritto Comparato
(Interuniversity Centre for Research in Comparative Law) set up by the
Universities of Milan, Bologna and Insubria. This event took place in the
context of a research project co-financed by the University of Insubria and
the Italian Ministry of Education, University and Research. The particular
objective of the conference was to make a comparison between the day-to-day
working requirements within the Community institutions, each with its own
particular needs, and the longer-term analysis which the academic world could
bring to bear on the problems of the translatability of legal terms.
As the first in-depth appraisal of this crucial matter, this book cannot fail
to find interested readers among all the branches of European law,
practitioners and scholars, local and international. It is sure to be a highly
valuable resource for many years to come.
Part I Legal Terminology and the Harmonisation of European Law
Chapter 1 Multilingualism, Legal Terminology and the Problems of Harmonising European Private Law Barbara Pozzo
Chapter 2 Comparative Jurilinguistics: A Discipline in Statu Nascendi Heikki E.S. Mattila
Chapter 3 Communicating in an International Context Silvia Ferreri
Chapter 4 The Terminologies of Civil Protection: Rights, Remedies and Rrocedures 45 Simon Whittaker
Chapter 5 The Role of the Court of Justice of the European Communities in the Interpretation of Multilingual Texts Fabrizio Vismara
Chapter 6 What Legal Translation is and is not – Within or Outside the EU Jean-Claude Gémar
Chapter 7 Multilingualism and the Coherence of European Private Law Gianmaria Ajani Piercarlo Rossi
Part II The Community Institutions The European Commission
Chapter 8 The Quality of Community Legislation and the Role of the European Commission Legal Revisers Stefania Dragone
Chapter 9 Multilingual Legislation and the Legal-linguistic Revision Concordance in the Council of the European Union Manuela Guggeis
Chapter 10 Understanding EC Law as ‘Diplomatic Law’ and its Language Tito Gallas
Chapter 11 Controlled Multilingualism in Parliamentary Practice Guido Ricci
Chapter 12 Legislative Process from a Parliament Perspective – Past Practice in 11 Languages and Current Challenges in 20 Pekka Hakala
Chapter 13 Optimal Use of Multilingual Resources in Legal Drafting – the European Central Bank’s Approach Juliet Weenink-Griffiths
Chapter 14 Organisation and Features of Translation Activities at the Court of Justice of the European Communities Giovanni Gallo
Chapter 15 Legal Translation at the European Court of Justice, Problems and Techniques Beatrice Oddone
Part III From Debate to Critique: Reflections and Perspectives
Chapter 16 Clashing Strategies: Law, Language and Identities in a Framework of Failures? P.G. Monateri