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CJEU case law as a source of law in national courts: language and multilingualism
Umeå University, Faculty of Social Sciences, Department of Law.ORCID iD: 0000-0002-8680-5525
2024 (English)In: International Journal of Language & Law (JLL), ISSN 2194-7414, Vol. 13, p. 50-70Article in journal (Refereed) Published
Abstract [en]

A number of theories have demonstrated how the distinction between legislation and adjudication is becoming blurred, with judgments no longer treated solely as matters for the parties to the case, but as sources of law in their own right. Case law is increasingly being produced and consumed in a manner akin to legislation. On the production side, it is clear that the Court of Justice of the European Union (CJEU), well-known for its formulas and tests, contributes to the use of case law as a source of law. This article develops the discussion in two ways. Firstly, it concentrates on the consumer perspective, by discussing the use of CJEU case law in national courts. Secondly, it advances the discussion from language in general, in the sense of drafting, to multilingualism ‒ the existence of not one but many official languages ‒ and the consequences for the use of CJEU case law as a source of law. This article demonstrates that national courts are prepared to engage with CJEU case law on a very detailed level, scrutinizing the wording and even comparing different language versions of the judgment to understand the correct way to apply the rule-like pronouncements of the CJEU. This scrutiny includes awareness of de jure and de facto originals of CJEU judgments, but goes still further through the use of the established approach for multilingual interpretation of EU legislation. It also highlights the use of standard phrases in CJEU case law and the consistency of translation.

Place, publisher, year, edition, pages
International Language and Law Association (ILLA) , 2024. Vol. 13, p. 50-70
Keywords [en]
multilingual interpretation, textualization of precedent, Court of Justice of the European Union, CJEU, national courts
National Category
Law (excluding Law and Society)
Research subject
european law
Identifiers
URN: urn:nbn:se:umu:diva-228093DOI: 10.14762/jll.2024.050Scopus ID: 2-s2.0-85199986593OAI: oai:DiVA.org:umu-228093DiVA, id: diva2:1886128
Available from: 2024-07-30 Created: 2024-07-30 Last updated: 2024-08-05Bibliographically approved

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Derlén, Mattias

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CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • 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