Endeavours towards a plain legal language: The case of Spanish in context

2018 ◽  
Vol 3 (2) ◽  
pp. 235-268 ◽  
Author(s):  
Anna Alsina Naudi

Abstract Implementing plain legal language is a project for those who are trying to build trust in legal systems all over the world. This paper aims at comparing successful policies in certain countries and describing the efforts made towards achieving a Spanish plain legal discourse. The paper lays out the definition of plain language, reviews the reluctance of professionals to make changes in legal language and specifies which legal documents are under discussion. The long-standing plain English movement and the positive Swedish example are considered, in combination with the ongoing developments of the German and French legal languages. It then analyses the legislative process within the European Union and uncovers the need for more collaboration between jurists and linguists. Adding to these case studies, this paper interrogates the contemporary state of legal Spanish. Despite institutional efforts in various countries, which are detailed in the last section, legal Spanish remains obscure and holds back the democratization of justice. Taking into account that Spanish is the second-most widely spoken language in the world and the wide use of the Internet for legal matters, the need to clarify legalese is more pressing than ever. The demand for trust in justice advances incessantly, but the implementation of a transparent legal discourse seems to be at a standstill.

Author(s):  
Oldřich Tvrdoň ◽  
Radmila Presová ◽  
Martin Přibyl

The thesis “Economic-legal aspects of business assets definition and its effectiveness analysis” analyses the contribution of business assets in joint-stock company Svornost Těmice. The company operates in the field of agricultural primary production. Focus of plant production still keeps the traditional composition of plants grown. In connection with increasing the quality of effectiveness of the machinery the area of corn-production will be expanded. In animal production, the company specialises on the pig-feeding and milking-cows.The theoretical part includes the opinions of the world economists and managers on the definition of basic concepts related to business assets. These opinions are confronted with those of Czech authors, in order to acquaint students of the Faculty of Business and Economics with them – focusing on students of the Trade Management specialisation.The practical part is focused on analysis of effectiveness of business assets in the selected company. It have confirmed that managers of this business have to improve the intensity of exploitation of the asset base and thus to reach its higher effectiveness. This task is necessary for operation in the intensive-competition environment formed after the entrance into the European Union.


2019 ◽  
Vol 9 (6) ◽  
pp. 14
Author(s):  
Patrizia Anesa

English is de facto reinforcing its role as the language of international legal communication. Indeed, while different national languages continue to play a crucial role in the definition, the execution, and the application of the law, English is increasingly employed by non-native legal professionals worldwide. Thus, this study focuses on the use of English as a Lingua Franca (ELF) in legal settings and aims to offer considerations towards the conceptualization of Legal English as a Lingua Franca (LELF). As English is considered a global asset in legal communication, it is argued that a finer problematization of LELF is imperative. In this respect, the study also discusses whether it is possible to apply the concept of a lingua franca to legal language tout court or whether the distinctive features of legal discourse across systems make the definition of LELF inapplicable from a conceptual perspective. This article also offers a reflection on the main concerns which arise regarding the widespread use of English in legal settings, especially in the light of the specificities of different legal systems, legal cultures and communities of practice. Thus, all stakeholders involved should adopt a more reflexive approach in order to go beyond the unproblematic acceptance of LELF across legal settings and to be more aware of the implications and consequences that its usage entails.


Processes ◽  
2020 ◽  
Vol 8 (7) ◽  
pp. 798
Author(s):  
Jesus Ibanez ◽  
Sonia Martel Martín ◽  
Salvatore Baldino ◽  
Cristina Prandi ◽  
Alberto Mannu

The employment of used vegetable oils (UVOs) as raw materials in key sectors as energy production or bio-lubricant synthesis represents one of the most relevant priorities in the European Union (EU) normative context. In many countries, the development of new production processes based on the circular economy model, as well as the definition of future energy and production targets, involve the utilization of wastes as raw material. In this context, the main currently applied EU regulations are presented and discussed. As in the EU, the general legislative process consists of the definition in each State Member of specific legislation, which transposes the EU indications. Two relevant countries are herein considered: Italy and Spain. Through the analysis of the conditions required in both countries for UVOs’ collection, disposal, storage, and recycling, a wide panorama of the current situation is provided.


Author(s):  
Ieva Turskytė ◽  
Alfreda Šapkauskienė

In 2008, a global financial crisis happened. It led to strong currency price volatility. Because of that, discussions on the need for an alternative, institution-independent currency occurred. Due to this reason the first decentralized cryptocurrency Bitcoin was created. The new and not yet explored concept of cryptocurrency changed the previously strictly defined role of money. Currently, with the growth of the cryptocurrency market, the most important regional institutions (e.g. FED, EBA) provide regulatory guidelines of a recommendatory nature. The regulations of these institutions remain significant, reflecting the dominant approach to digital money. Because of this reason, the aim of the study is to identify the factors that determine the difficulties in the legalization process of cryptocurrencies and to investigate the features of the European Union's cryptocurrency regulatory policy. Methods used: analysis of scientific literature and legal documents, systematization, comparison, interpretation and generalization of information. The results of the study show that the European Union has taken active regulatory action with the growing importance of cryptocurrencies in the world. To date, a document regulating the definition of cryptocurrencies has not yet been adopted at Union level, but the adoption of the cryptocurrency regulation proposal presented in 2020 would mean greater clarity and security for cryptocurrency issuers, intermediaries and users.


2017 ◽  
Vol 4 ◽  
pp. 85-101
Author(s):  
Mariana Relinque

Resumen: El lenguaje jurídico tradicional se ha caracterizado por ser un lenguaje hermético, rebuscado y difícil de comprender. Sin embargo, debería poder expresarse con claridad, pues no tiene como destinatarios únicos a los juristas, sino también a los ciudadanos. De esta forma, han surgido movimientos en prácticamente todos los países occidentales para conseguir la simplificación del lenguaje jurídico. Los países de habla inglesa son los que más han avanzado en este campo, especialmente los Estados Unidos. En la Unión Europea se redactan los documentos de acuerdo con las normas del lenguaje jurídico simplificado. En España se ha avanzado muy poco en este tema, ya que a pesar de que se han puesto en marcha varias iniciativas desde el Gobierno, ninguna se ha visto reflejada en la práctica.Abstract: Traditional legal language has been described as cluttered, wordy and difficult to understand. However, legal language should be clear and correct, since it is not only the language of the legal profession, but it is also used to communicate with citizens. Thus, movements campaigning against legalese started to appear in almost all the Western countries. At present, Plain English movements have been the most successful ones, especially in theUnited States. In the European Union, documents are written following the rules of plain language. InSpain, despite different governmental initiatives, plain Spanish is not used in legal practice. 


Lex Russica ◽  
2020 ◽  
pp. 79-105
Author(s):  
I. V. Irkhin

The paper substantiates the definition of the concept of an “early warning mechanism”, proposes narrow and broad approaches to its interpretation, analyzes the inherent legal, political and administrative parameters. The paper demonstrates the correlation between the principles of subsidiarity, proportionality and competence within the framework of the early warning mechanism, their inseparable interrelationship and consequent practical problematics. The author investigates the main forms and methods of regulating the procedure for implementation of the early warning mechanism in EU member states. It is stated that the main differences can be traced in the context of the fixed circle of subjects of the right to conduct verification, as well as the degree of detailed elaboration (specification) of the field of regulated legal relations. Based on an analysis of the content of some reasoned opinions of national parliaments, it is concluded that the lack of a common understanding of the principle of subsidiarity at the European and national levels, as well as the criteria for its compliance, have a direct impact on the early warning mechanism, which is reflected in the reduced effectiveness of its implementation. Attention is paid to the legal nature and specifics of the “yellow card” and “orange card” regimes as a variety of forms of implementation of the early warning mechanism. It is concluded that at the current stage the “card” regimes represent an insufficient and ineffective instrument for the national parliaments to influence the EU legislative process. The author highlights the problems of organizing inter-parliamentary cooperation within the framework of the early warning mechanism. It is emphasized that, in fact, national parliaments act blindly when conducting checks on the conformity of draft legislation with the principle of subsidiarity. The paper concludes that the early warning mechanism in actual modification cannot be fully qualified as a tool for providing additional legitimation of solutions made by supranational authorities. The author makes proposals for improving the institutional configuration of the early warning mechanism.


2016 ◽  
Vol 13 (1) ◽  
pp. 145-153
Author(s):  
Romaniţa Jumanca

Abstract This paper attempts to carry out an analysis of metaphors in a corpus of legal documents, within the theoretical framework of the cognitive metaphor theory as conceived by Lakoff and Johnson (1980). There is a notable use of conceptual metaphors and framings in the law we live by which, undoubtedly, have a major impact on the way millions of people in the world act and react in their attempt of decoding legal messages. Since metaphors are basically cognitive constructs, their meaning can be grasped only through a process of transfer of significance from a source domain to a target one, leading thus, to an interpretation of the legal discourse.


2019 ◽  
pp. 3-6
Author(s):  
D. A. Bogdanova

The article provides an overview of the activities of the European Union Forum on kids' safety in Internet — Safer Internet Forum (SIF) 2019, which was held in Brussels, Belgium, in November 2019. The current Internet risks addressed by the World Wide Web users, especially children, are described.


Sains Insani ◽  
2016 ◽  
Vol 1 (1) ◽  
pp. 10-14
Author(s):  
Ira Meilita Ibrahim ◽  
Taufik A. Latif ◽  
Afi Roshezry Abu Bakar ◽  
Muthualagan Thangavelu

The advancement of European dress to the rest of the world was linked to the definition of civilization as “a stage of social development considered to be more advanced” and “polite and good-mannered”. The widespread of their fashion style in the 19th and 20th centuries influenced the way the rest of the world attire. The fashion trend and dressing style thus change the purpose of dressing through time. The dressing style in campuses especially in private institutions of higher learning is under particular scrutiny, as it is often said to be inappropriate for a learning environment. This study looked at the importance of moral education, and its role in implementing the dress code for students among university students especially between two types of university i.e. public university and private university. It looked on the dressing style of students, both male and female, and the factors that lead to their dressing pattern which is common among students. This study also advocated the students’ understanding of the content of dress codes in their learning institution and the role played by moral education in regard to dress code. The overall study highlighted students’ perception towards the implementation of the dress code and punishment in their learning institution. The methodologies used to carry out this study are questionnaires and interviews. This study will therefore ascertain the important of dress code among students at higher learning institution and the role of moral education in cultivating values in order to dress properly or decently. Key Words: moral education, dress code, higher learning institution, civilization.


2018 ◽  
pp. 113-119
Author(s):  
Gennady Ya. Vagin ◽  
Eugene B. Solntsev ◽  
Oleg Yu. Malafeev

The article analyses critera applying to the choice of energy efficient high quality light sources and luminaires, which are used in Russian domestic and international practice. It is found that national standards GOST P 54993–2012 and GOST P 54992– 2012 contain outdated criteria for determining indices and classes of energy efficiency of light sources and luminaires. They are taken from the 1998 EU Directive #98/11/EU “Electric lamps”, in which LED light sources and discharge lamps of high intensity were not included. A new Regulation of the European Union #874/2012/EU on energy labelling of electric lamps and luminaires, in which these light sources are taken into consideration, contains a new technique of determining classes of energy efficiency and new, higher classes are added. The article has carried out a comparison of calculations of the energy efficiency classes in accordance with GOST P 54993 and with Regulation #874/2012/EU, and it is found out that a calculation using GOST P 54993 gives underrated energy efficiency classes. This can lead to interdiction of export for certain light sources and luminaires, can discredit Russian domestic manufacturer light sources and does not correspond to the rules of the World Trade Organization (WTO).


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