The Preliminary Ruling Procedure of the Court of Justice of the European Union and the Different Versions of Multilingual Jurisprudence

Josifovic, Ivica and Kambovski, Igor (2022) The Preliminary Ruling Procedure of the Court of Justice of the European Union and the Different Versions of Multilingual Jurisprudence. Деветта меѓународна научна конференција - Општествени промени во глобалниот свет, 9. pp. 165-181. ISSN 978-608-244-905-0

Text Proceedings from the Ninth International Scientific Conference Social Changes in the Global World Section Law.pdf Download (5MB)

Abstract

The Court of Justice of the European Union (CJEU) is responsible for the judicial function and also is responsible for the implementation and interpretation of European Union law. In certain circumstances, it also appears as a creator of the law through its practice, creating general principles that are later translated into the EU law through the adoption of legislation by the institutions. With its decisions and judgments, the CJEU aims to achieve the same legal effects in each language version of its judgments and through them to ensure a uniform application and interpretation of the EU law. However, court rulings, which are binding on both the institutions and the member-states, are the result of collegial decisions made by lawyers-linguists in a language that is not normally their mother tongue. In addition, they are the result of various permutations related to the required legal translation vis-à-vis the Court's working language and the official languages of the EU.
The paper aims to present this issue and analyse the language policy of the CJEU, which is superficially regulated by Article 342 of the Treaty on the Functioning of the European Union, Article 22 of the Charter of Fundamental Rights, which provides for the protection of linguistic diversity, Council Regulation 1/1958, as well as Article 64 of the Statute of the Court. Multilingualism is a problem in terms of the authenticity of judgments and judgments of the Court, their meaning and correct interpretation, which creates challenges for the acceptance of the Court's case law in the member-states, which seems to be adequately addressed by the Court's translation policy.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Faculty of Law
Depositing User:	Ivica Josifovik
Date Deposited:	31 Jan 2023 09:30
Last Modified:	31 Jan 2023 09:30
URI:	https://eprints.ugd.edu.mk/id/eprint/31056

Actions (login required)

View Item