By Francesca Ruggieri (auth.), Francesca Ruggieri (eds.)
The publication “Criminal court cases, languages and the eu Union: linguistic and felony matters” – the 1st test in this topic – offers with the present state of affairs within the jurislinguistic reports, which conceal comparative legislations, language and translation, in the direction of the purpose of the stream of identical felony strategies in structures that are nonetheless very varied from each other. within the absence of universal cultures and languages, in felony process it's attainable to tell apart positive factors which are average of universal legislation structures and contours which are regular of civil legislations structures, in line with the 2 various versions of adverse and inquisitorial trials. for this reason, the main frustrating demanding situations are for the ecu Union legislator to outline common measures that may be simply carried out on the nationwide point, and for the person Member States to settle on corresponding family measures which can top enforce those vast definitions, so one can pursue goals set on the eu level.
In this scenario, the e-book assesses the recent framework during which felony attorneys and practitioners have to function lower than the Lisbon Treaty (Part I), and specializes in the several types of its provisions touching on cooperation in legal concerns, for you to must be applied on the nationwide point (Part III). The booklet analyses the problems raised by way of multilingualism within the european decision-making procedure and next interpretation of felony acts from the point of view of all of the gamers concerned (EU officers, civil, penal and linguistic legal professionals: half II), explores the prospective effect of the ecu felony acts bearing on environmental safety, the place the research of ascending and descending stream of polysemantic phrases is principally correct (Part IV), and investigates the recent felony and linguistic suggestions within the box of information retention, defense of sufferers, ecu research orders and coercive measures (Part V).
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Additional info for Criminal Proceedings, Languages and the European Union: Linguistic and Legal Issues
Knowledge of a common working language is a very useful asset for investigators working in a group. The issues arising from a differentiated set of language arrangements among EU states carry particular weight when applied to instruments of cooperation that are based on the principle of mutual recognition. Here it is worthwhile returning to the distinction between multilingualism in the sense of the capacity of judicial officials to express themselves in foreign languages and multilingualism in the sense of a differentiated set of language arrangements that reflect the particular national identities of different states, for the two definitions have very different implications.
A legal translator therefore needs to look beyond literal translation to find the real meaning of an expression in the target language. The translator must find the equivalent significance in the vocabulary of the relevant legal system. In this respect, the translator or interpreter is one whose job is very similar to that of the legal expert researching the significance of a law or deciding on its interpretation. The job of a translator or interpreter is one that goes beyond linguistic interpretation.
The increased role of the judiciary suggests that special attention should be given to the vocational training of legal operatives, central to which must be knowledge, including of a practical nature, of supranational law. This is one of the necessary conditions for the creation of a European area of justice. The European Gaius project recently approved by the Consiglio Superiore della Magistratura is but the latest initiative—though a very ambitious one—for the formation of common European legal culture and the dissemination of an authentically European judicial culture among the magistrates and judges of Italy.