The Court of Justice of the European Union and the way in which it works can be seen as a microcosm of how a multilingual, multicultural supranationalisation process and legal order can be constructed—the Court is a microcosm of the EU as a whole and in particular of EU law. The multilingual jurisprudence produced by the CJEU is necessarily shaped by the dynamics within that institution and by the ‘cultural compromises’ at play in the production process. The resultant texts, which (...) make up that jurisprudence, are hybrid in nature and inherently approximate. On the one hand, that approximation can lead to discrepancies between language versions of the Court’s case law and thus jeopardise the uniform application of EU law. On the other hand, that approximation and hybridity define EU law as a distinct, supranational legal order. This paper analyses the operation of the CJEU and considers whether a linguistic cultural compromise exists within that institution which exercises a formative influence on the character of its ‘output’—i.e. its jurisprudence—and what that may mean for our understanding of the development of EU law. (shrink)

The case law of the Court of Justice of the European Union is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing. These factors have led to the development of a ‘Court French’ which necessarily shapes the case law produced (...) and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation of a ‘uniform’ EU case law. (shrink)

Translators and those who commission and/or use translations are often unaware of the myriad of legal rules relating to the translated text. From issues of copyright, confidentiality and contract law, the act of translation as an economic endeavour is subject to many legal rules across multiple jurisdictions. The goal of The Legal Environment of Translation is to offer an overview of how legal rules apply to different aspects of translation. The author does not focus on a particular jurisdiction, but rather (...) presents what he terms ‘a comparative law perspective’. That perspective focuses mainly on describing the rules set out in international law with commentary on general practices common to certain states.The book comprises of six chapters, each including ‘case studies’: brief hypothetical scenarios with comments, which highlight some of the issues covered in the relevant chapter. While a preface to the book puts it in context and sets out its aims and objectives, there is no correspo .. (shrink)