scholarly journals Dominance of English in the European Union and in European Law

2014 ◽  
Vol 38 (1) ◽  
pp. 137-150 ◽  
Author(s):  
Filip Křepelka

Abstract English has become the first global language of international com- munication during the last decades. It is dominant in many fields as science, technology, transportation, business and tourism and diplomacy. The European Union with law applicable directly on individuals is officially multilingual. English is, however, preferred in internal communication and in communication with national experts. National laws are closely related with particular states. Related discourse is therefore realized mostly in national language. Legal education and research are thus less anglicized than other university education and research. Nevertheless, increasing importance of international and supranational rules for harmonization and coordination, growing demand for comparison, pres- sure to publish in internationally recognized journals, Europe-wide research projects and rising numbers of exchange of students cause widespread resort to English also at schools of law. Unfortunately, English is language of countries with Anglo-American law (common law) which differs significantly from continental law (civil law) existing in most European and other countries. Therefore, it is difficult to find adequate English words for phenomena of civil law and to stabilize their use in international discourse.

2010 ◽  
Vol 55 (1) ◽  
Author(s):  
Reiner Arntz

AbstractLinguistic and conceptual differences between legal languages are closely related to the distance between the corresponding legal systems. This is illustrated by a comparison of Anglo-American law texts on the one hand and texts and terminology from continental systems like French and German law on the other hand. Special problems arise in officially multilingual states like Switzerland which has one common legal system and four different legal languages. All legal documents in these languages are considered as original texts, not as translations. The same principle applies to the European Union where all documents have to be absolutely equivalent and linguistically authentic in each of the 23 official languages.


Author(s):  
Kaja Meh ◽  
Gregor Jurak ◽  
Maroje Sorić ◽  
Paulo Rocha ◽  
Vedrana Sember

Current lifestyles are marked by sedentary behaviour; thus, it is of great importance for policymaking to have valid and reliable tools to measure sedentary behaviour in order to combat it. Therefore, the aim of this review and meta-analysis is to critically review, assess, and compile the reliability, criterion validity, and construct validity of the single-item sedentary behaviour questions within national language versions of most commonly used international physical activity questionnaires for adults in the European Union: The International Physical Activity Questionnaire-Short Form and the Global Physical Activity Questionnaire. A total of 1749 records were screened, 287 full-text papers were read, and 14 studies were included in the meta-analysis. The results and quality of studies were evaluated by the Quality Assessment of Physical Activity Questionnaires checklist. Meta-analysis indicated moderate to high reliability (rw = 0.59) and concurrent validity (rw = 0.55) of national language versions of single-item sedentary behaviour questions. Criterion validity was rather low (rw = 0.23) but in concordance with previous studies. The risk of bias analysis highlighted the poor reporting of methods and results, with a total bias score of 0.42. Thus, we recommend using multi-item SB questionnaires and smart trackers for providing information on SB rather than single-item sedentary behaviour questions in physical activity questionnaires.


Author(s):  
Tetjana Humeniuk

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.


2020 ◽  
pp. 69-102
Author(s):  
Steven Fielding ◽  
Bill Schwarz ◽  
Richard Toye

This chapter focuses on the way in which political actors of different stripes have used the idea of Churchill as a means of self-validation. It explores how, in the decades after his death, Churchill became a key point of reference in Anglo-American relations, a theme which intensified after the terrorist attacks of 9/11. The chapter also examines how Churchill has been used by those on both sides of the long-running debate about British membership of the European Union. Although Remainers invoked the memory of the 1946 ‘United States of Europe’ speech, they struggled to sell Churchill as a complex figure who was prepared to make concessions on British sovereignty in the interests of future peace. The ingrained, bulldog image remained hegemonic—even though Churchill’s popular reputation had shifted in subtle but significant ways since the end of the Second World War.


Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley

This chapter provides an overview of the English legal system, introducing fundamental legal concepts, such as the nature of law and parliamentary sovereignty, and the differences between criminal law and civil law legal terminology, such as terminology and the outcomes. The sources of law, legislation in the form of Acts of Parliament or statutes and delegated legislation and common law or judge-made law are outlined. An outline of the courts is given, including the judges and the jurisdiction of the courts. The relationship between the English legal system and the European Union (EU) and the European Convention on Human Rights (ECHR) is explained.


2019 ◽  
Vol 10 (3) ◽  
pp. 695
Author(s):  
Anatoly Yu. BABASKIN

The relevance of the study is due to the fact that there is a growing need to study civil law and its practice in Ukraine and the most economically developed countries of the European Union. The purpose of the study is to conduct a comparative analysis of the legal regulation of interest rates under the loan agreement, with the participation of the entity, in the civil legislation of Ukraine and Germany, in order to identify similar features, differences, deficiencies in their legal regulation, and identify possible areas for improvement of the rules of civil law of Ukraine. The article investigates the legal nature of interest rates in credit relations, legal regulation of types of interest rates, bases of accrual of interest on a loan, restriction of freedom to set the amount of interest rate on a loan agreement, the order of payment of interest on a loan, etc. In the course of the research, similar features and differences in the legal regulation of interest rates in the credit agreement in the legislation of Ukraine and Germany were identified, deficiencies and possible directions of improvement of the civil legislation of Ukraine in the specified field were identified.


2016 ◽  
Vol 4 (2) ◽  
pp. 168
Author(s):  
Nizar Baklouti ◽  
Frédéric Gautier ◽  
François Aubert

This study examines the effect of the legal system on the governance of banks and hence on financial distress. We compare corporate governance to the legal system in 18 countries of the European Union to explain the relationship between financial distress and bank governance. Using a sample of 147 commercial banks, we find that the effect of the legal system really counts. The results also suggest that banks operating in common law and civil law countries tend the concentration of ownership and board size to the effect of increasing the likelihood of financial distress. This study contributes to research in the governance of enterprise to provide empirical evidence that the legal system has the power to influence the financial health of banks.


2019 ◽  
pp. 294-305
Author(s):  
Kateryna Binytska

The article deals with the issue of the development of university education in the EU countries. The article presents statistical data on the number of students at each of the higher education levels of the European Union. The factors influencing the process of university education development have been discussed: European and national. It is generalized that the current tendencies of the development of higher education in the countries of the European Union are: the mass character of population obtaining higher education; increasing accessibility of higher education for citizens; internationalization. The general tendencies of organization of the educational process in universities of the European Union countries include: the use of higher education levels (bachelor and master); the use of credit-transfer system of training; the education quality control (developing common criteria for evaluating the quality of teaching and providing educational services); the expansion of academic mobility (creation of integrated educational programs and programs for conducting scientific researches); from teaching – to self-study; from skills – to competences and learning outcomes; orientation to achievement of goals and attention to the evaluation of achievements; dialogue between structures; from linearity – to dynamic thinking; providing the employment of graduates. It is noted that current trends in the development of higher education and specific activities of universities of the EU countries are increasingly affecting the socio-political and economic development of European countries. The objectives of the educational policy of the EU countries include: improving the provision of educational services, facilitating the employment of graduates and strengthening interaction with various sectors of the domestic and world economy, strengthening international cooperation activities, mobility of students and teaching staff, internationalization of higher education, which are crucial factors for advancement of our country in the global competition on the world market of goods and services. Taking into account the considered tendencies of the development of university education in the EU countries, recommendations have been offered to the domestic universities to improve their activity.


Author(s):  
Yana Kybich

The article examines the prerequisites for Britainʼs participation in European integration processes since the 1950ʼs. The evolution of the “special” policy of the British governments regarding the countryʼs participation in the system of political and military-political cooperation of the European Union, the nature of its influence on the processes of European integration in the sphere of foreign policy and security are considered. The peculiarities of the UKʼs participation in European political integration are analyzed in terms of balancing the two main strands of its foreign policy – the traditional Atlantic course, which underlies the Anglo-American “special relations” and the European course (deepening participation in European regional policy). The most common concepts of differentiated European integration are outlined, such as Europe à la carte (sectoral, selective integration) or the concepts of European Menu, Europe of Different Speeds and Variable Geometries, which have been successfully used by UK governments to counteract federalization and deepen integration of the United Kingdom, avoiding full integration, for example, in currency issues or applying restrictions on the free movement of labor (limited Schengen agreement). In general, the complex of conditions and peculiarities of historical, socio-political, economic and socio-psychological nature have been investigated, which have had their specific influence on the formation of the unique political attitude and behavior of Great Britain and became the basis of the “special” position of Great Britain in European integration processes, and as a consequence transformations of the present geopolitical position of Great Britain. Keywords: Great Britain, European integration, EEC, European Union, concept, “special” position.


Sign in / Sign up

Export Citation Format

Share Document