Brexit, Language Policy and Linguistic Diversity by Diarmait Mac Giolla Chríost & Matteo Bonotti
Author:Diarmait Mac Giolla Chríost & Matteo Bonotti
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham
Also, in the Opinion issued on Ministère Public v Mutsch , translated from the original German text, Advocate General Lenz says that, ‘a German -speaking worker who is a national of another Member State and lives in a German -speaking municipality in Belgium is entitled, to the same extent as a Belgian national in a comparable situation, to require that criminal proceedings against him take place in German ’ (CJEU 1985: ECLI:EU:C:1985:156: 2690).
The implication of the case Bickel and Franz is broader, as Cloots notes (2015, pp. 304–307), in that its meaning is that EU citizens from one Member State of the EU who have reason to avail themselves of the services of another Member State of the EU are entitled, even though they are not long-term residents in that other Member State of the EU, to avail themselves of those services in accordance with the language rights ordinarily enjoyed by the citizens of that other Member State of the EU, and to do so despite the fact that they are not themselves citizens of that other Member State. In the Judgement on Bickel and Franz , translated from the original Italian text, it says thatThe right conferred by national rules to have criminal proceedings conducted in a language other than the principal language of the State concerned falls within the scope of the EC Treaty [and that] Article 6 of the Treaty precludes national rules which, in respect of a particular language other than the principal language of the Member State concerned, confer on citizens whose language is that particular language and who are resident in a defined area the right to require criminal proceedings be conducted in that language, without conferring the same right on nationals of other Member States travelling or staying in that area, whose language is the same . (CJEU 1998: ECLI:EU:C:1998:563: 7660)
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