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A castle in the air: The complexity of the multilingual interpretation of european community law
Umeå University, Faculty of Social Sciences, Department of Law.
2007 (English)Doctoral thesis, monograph (Other academic)
Abstract [en]

It is well known that European Union law is multilingual. Union legislation is not only published in all authentic languages but equally authoritative in each language. The European Court of Justice has discussed – and indeed made use of – this multilingual character when interpreting Community law.

However, the day-to-day application of Community law takes place not in the European Court of Justice but in the courts of the Member States. This study is concerned with the attitude towards multilingual interpretation of Community law displayed by the latter courts. It is pointed out that the European Court of Justice has created extensive obligations for national courts to conduct multilingual interpretation without offering any genuine guidance. The study draws on judgments from Danish, English and German courts and identifies a number of difficulties encountered in the interpretative process. The overall impression is that the multilingual interpretation of Community law in national courts is severely limited.

The study also examines a number of factors which can help explain the attitude of national courts. It concludes that not only practical issues but also aspects of national legal culture and fundamental notions of the law contribute to the limited impact of multilingualism. The requirements created by the European Court of Justice are, on a national level, nothing more than castles in the air.

Place, publisher, year, edition, pages
Umeå: Juridik , 2007. , 678 p.
Series
Skrifter från Juridiska institutionen vid Umeå universitet, ISSN 1404-9198 ; 16
Keyword [en]
multilingual interpretation, EU law, EU law in Danish courts, EU law in English courts, EU law in German courts, legal culture, preliminary rulings, European Court of Justice
National Category
Law
Identifiers
URN: urn:nbn:se:umu:diva-1073ISBN: 978-91-975348-8-8 (print)OAI: oai:DiVA.org:umu-1073DiVA: diva2:140114
Public defence
2007-05-04, Hörsal E, Humanisthuset, Petrus Laestadius väg, Umeå, 10:00 (English)
Opponent
Supervisors
Available from: 2007-04-02 Created: 2007-04-02 Last updated: 2009-11-11Bibliographically approved

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Derlén, Mattias

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf