scholarly journals Towards peace in Europe: on legal linguistics, prosperity and European identity – the European Reference Language System for the European Union

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Claus Luttermann ◽  
Karin Luttermann
Keyword(s):  
European Union ◽  
Mother Tongue ◽  
Well Being ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Language System ◽  
Subsidiarity Principle ◽  
The Face ◽  
Official Languages

Abstract The European Union is a legal community of hundreds of millions of people, established in a single market through European law. This is tied to language and translation into 24 official languages, each with equally authentic status. However, this leads to considerable legal differences between Member States and underscores the dominance of English, at the Court of Justice that of French (monolingualism), both of which have no legal foundation. Rule-of-law order (Rechtsstaatlichkeit) is created by the European Reference Language System (Europäisches Referenzsprachensystem), which is presented here as a tool for the urgently required reform of the language laws in the European Union: Not having a hegemonial focus on a single language (and thus on a single legal world) or on the exclusivity of some few languages, it offers a legal-linguistic basis of communication with all treaty languages of the European Union for a clear European law and prosperity. The official languages of the Member States thus preserve the mother tongue reality of the citizens in the sense of the subsidiarity principle (multilingualism). In this way, the citizens and their Union acquire a legally valid voice and identity. This seems necessary in the face of the present restructuring of the world, in order to maintain peace for the people in Europe and to continue promoting their well-being. The basis is legal linguistics (Rechtslinguistik).

scholarly journals The multilingual jurisprudence of the Court of Justice and the idea of uniformity in European Union Law

2019 ◽  
Vol 3 (2) ◽  
pp. 125-138
Author(s):  
Joana Sousa Domingues
Keyword(s):  
European Union ◽  
Mother Tongue ◽  
The European Union ◽  
European Union Law ◽  
Language Version ◽  
Judicial Decisions ◽  
Binding Force ◽  
Legal Translation ◽  
Court Of Justice ◽  
Official Languages

It is generally accepted that the development of a Union of law is largely due to the judicial decisions of the Court of Justice of the European Union (hereinafter, CJEU). With its judicial pronouncements, the CEJEU aims to achieve the same legal effects in every language version of its judgments and, through them, to ensure the uniform application and interpretation of European Union law. Nevertheless, such judicial pronouncements, with normative and binding force, are the result of collegial decisions and drafted by jurists in a language that is usually nottheir mother tongue. In addition, they are also the result of various permutations associated with the necessary legal translation from and to (and vice versa) the working language of the Court and the official languages of the European Union. The published judgments presented as authentic are, in most cases, translations. To understand the construction of decisions of the CJEU is to understand the construction of the European Union law, and by consequence, the European project itself.

scholarly journals COVID-19 AND EUROPEAN UNION – THE ANSWER TO THE HEALTH CRISIS AS A WAY FOR RESUMING THE PROCESS OF EUROPEAN INTEGRATION

2020 ◽  
Vol 2 (2) ◽  
pp. 66-116
Author(s):  
Stelio Mangiameli
Keyword(s):  
European Union ◽  
Economic Consequences ◽  
The Other ◽  
The European Union ◽  
Member States ◽  
Health Crisis ◽  
European Institutions ◽  
The Face ◽  
The One ◽  
Economic And Financial Crisis

The essay starts from a comparison in the European Union between the economic and financial crisis of 2009 and the health crisis of 2020, due to the Covid-19 pandemic. In particular, the scarce capacity of Member States and European institutions to carry out the recovery of the economic European condition and transformation of the European government system after the 2009 crisis, despite the indications of the Commission's Blueprint (of 2012) and of the Report of the five presidents (of 2015). On the other hand, in the face of the health crisis, the reaction of the European institutions seemed more decisive with the creation of various instruments to combat the economic consequences of the Covid-19 pandemic. These include in particular the Recovery fund - Next Generation EU, linked to the 2021-2027 MFF. The reaction to the pandemic shows the possibilities of the European Union to create a community of States in solidarity and with its own identity also in the international scenario. However, it is by no means certain that this idea can prevail over the one that sees the European Union as simply a free trade organization between the Member States. The decisions that will be taken in the Conference on the future of Europe between 2021 and 2022 appear to be decided to define the evolution of the European Union.

The Procedure before the Court of Justice

2021 ◽  
pp. 313-370
Author(s):  
Morten Broberg ◽  
Niels Fenger
Keyword(s):  
European Union ◽  
Preliminary Report ◽  
Official Journal ◽  
The European Union ◽  
Member States ◽  
Original Language ◽  
Court Of Justice ◽  
Subsequent Publication ◽  
Official Languages ◽  
The Eu

Chapter 10 contains an analysis of the procedure before the Court of Justice and discusses how written and oral observations may be presented. The chapter examines and explains the following stages: (i) translation of the reference into all the official languages, and the subsequent publication of a summary of the reference in the Official Journal of the European Union, (ii) notification of the reference to the parties to the main proceedings, the Member States, the EU institutions, the EFTA Surveillance Authority, Norway, Iceland, and Liechtenstein as well as, in some cases, other third countries, (iii) submission of written observations, (iv) translation of the written observations into French (working language of the Court of Justice) and appointment of a Judge-Rapporteur Advocates General, (v) notification of the written observations in their original language, in French and in the language of the case, (vi) drawing up of a Preliminary Report (rapport préalable), (vii) oral procedure, (viii) deliberation and voting by the judges and preparation of the judgment, and (ix) translation of the judgment.

The transposition of European law in EU member states: between process and politics

2010 ◽  
Vol 2 (3) ◽  
pp. 495-520 ◽  
Author(s):  
Bernard Steunenberg ◽  
Mark Rhinard
Keyword(s):  
European Union ◽  
Research Agenda ◽  
Focal Point ◽  
European Law ◽  
The European Union ◽  
Critical Stage ◽  
Member States ◽  
Explanatory Variables ◽  
Eu Member States ◽  
Eu Directives

This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on non-compliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.

The crisis as catalyst for reframing health care policies in the European Union

2014 ◽  
Vol 10 (1) ◽  
pp. 45-59 ◽  
Author(s):  
Jan-Kees Helderman
Keyword(s):  
Health Care ◽  
European Union ◽  
Health Policy ◽  
Global Financial Crisis ◽  
Well Being ◽  
Welfare States ◽  
Fiscal Sustainability ◽  
The European Union ◽  
Member States ◽  
European Welfare States

AbstractSeen from the perspective of health, the global financial crisis (GFC) may be conceived of as an exogenous factor that has undermined the fiscal sustainability of European welfare states and consequently, their (expanding) health systems as well. Being one of the core programs of European welfare states, health care has always belonged to the sovereignty of European Member States. However, in past two decades, European welfare states have in fact become semi-sovereign states and the European Union (EU) no longer is an exogenous actor in European health policy making. Today, the EU not only puts limits to unsustainable growth levels in health care spending, it also acts as an health policy agenda setter. Since the outbreak of the GFC, it does so in an increasingly coercive and persuasive way, claiming authority over health system reforms alongside the responsibilities of its Member States.

scholarly journals Solidarity and responsibility as a framework for the COVID-19 response in the European Union – the European Green Deal is a path?

2020 ◽  
Vol 6 (2) ◽  
pp. 66-76
Author(s):  
Nataly Carvalho Machado
Keyword(s):  
European Union ◽  
Human Health ◽  
Environmental Sustainability ◽  
Environmental Issues ◽  
Well Being ◽  
The European Union ◽  
Member States ◽  
Recovery Plan ◽  
Social Recovery ◽  
The Impact

Recognised as an ambitious step, the European Green Deal guides the application of European Union policies not only in the environmental field, but also in other areas that may directly or indirectly interfere with human health and environmental sustainability, with the aim of transforming climate challenges and environmental issues in applicable opportunities. With the COVID-19 crisis, major challenges have emerged and aggravated extant problems in the most varied societies. In the European Union’s context, the impact of the new pandemic stood out, especially at the beginning, showing different responses by the Member States, in a disorderly and isolated way between one border and another, which highlighted when it would be placed in practice. Member States´ solidarity and responsibility to work together towards an economic and social recovery plan is critical in order to keep European project alive. Therefore, in an attempt to reinforce the link between solidarity and responsibility among Member States, the European Union uses the Green Deal to respond to the crisis through a recovery that has common objectives around the sustainability and well-being of its citizens.

scholarly journals Franchising, Validation, and Branch Campuses in the European Union

2014 ◽  
pp. 16-17 ◽  
Author(s):  
Lukas Bischof
Keyword(s):  
Higher Education ◽  
European Union ◽  
Quality Assurance ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Branch Campuses ◽  
Eu Member States ◽  
Cross Border ◽  
Study Programs

European Higher Education is growing together. Both students and institutions are increasingly going abroad to obtain or offer education. Lately, the issue of branch campuses, franchising or validation arrangements have caused controversy. While European law guarantees all EU universities to offer their study programs in other EU Member States, there is not yet an overarching form of cross-border quality assurance. A recent study has investigated the prevalence of cross-border provision of higher education as well as its regulation in 27 Member States of the European Union. This article explores existing loopholes and makes recommendations for a European quality assurance framework for cross-border education.

scholarly journals Governance and Institutions for Stability and Growth in the Eurozone

2018 ◽  
pp. 108-125
Author(s):  
Daniele Schiliro
Keyword(s):  
European Union ◽  
Euro Area ◽  
European Monetary Union ◽  
Economic Recovery ◽  
The European Union ◽  
New Governance ◽  
Member States ◽  
The Face ◽  
Consistent Approach

This chapter aims to contribute to the debate on which kinds of governance and institutions are needed to ensure stability and growth in the Eurozone. Despite the economic recovery, the Eurozone does not have effective institutions to ensure stability in the face of a new economic crisis (without forgetting legitimacy, transparency, and the ability to meet the expectations of greater prosperity for Euro-area citizens). This chapter supports the view of a deep rethinking of the European monetary union (EMU) with a different governance and institutions. The new governance should imply a renewed political agreement among member states in both the Eurozone and the European Union (EU). This political agreement must lead to a reconsideration of the Maastricht parameters, a different approach of European institutions, and a change of the EU treaty. This chapter also discusses the role of institutions in balancing European interests with those of member states to provide a consistent approach to stability and growth.

scholarly journals Multilingualism as the Constitutional Principle of the Equality of Languages in European Union Law

2020 ◽  
Vol 11 ◽  
pp. 187-205
Author(s):  
Ewa Waśniewska
Keyword(s):  
European Union ◽  
European Community ◽  
Official Language ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
International Scale ◽  
Constitutional Principle ◽  
Official Languages ◽  
The Impact

Multilingualism is a constitutional principle of European Union law. This principle is manifested in the recognition of the equality of all the official languages and Member States. At the beginning of the 1950s, the European Community addressed linguistic equality issues by providing multilingualism protocols and Regulation 1/58. Access for citizens to legislation in every official language of the European Union is a phenomenon on an international scale. The institutions of the European Union establish their own language regimes and apply various practices adapted to the specifics of the functions they perform. The purpose of this article is to analyze and assess the impact of multilingualism as a constitutional principle of European Law.

9. Executive Powers

2021 ◽  
pp. 313-356
Author(s):  
Robert Schütze
Keyword(s):  
European Union ◽  
Political Power ◽  
Legal Order ◽  
European Council ◽  
The Political ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
High Politics ◽  
Union Government

This chapter studies three executive powers in the context of the European Union. It begins with an examination of the political power to act as government. The ‘steering’ power of high politics belongs to two EU institutions: the European Council and the Commission. The Union ‘government’ is thus based on a ‘dual executive’. The chapter then moves to an analysis of the (delegated) legislative powers of the Union executive. The central provisions here are Articles 290 and 291 TFEU. The European legal order has allowed for wide delegations of power to the Commission; while nonetheless insisting on substantive and procedural safeguards to protect federalism and democracy. Finally, the chapter looks at the (administrative) enforcement powers of the Union. Based on the idea of ‘executive federalism’, the power to apply and enforce European law is here divided between the Union and the Member States. The Union can—exceptionally—execute its own law; yet, as a rule, it is the Member States that primarily execute Union law.

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