Language and Law by Unknown

Author:Unknown
Language: eng
Format: epub
ISBN: 9783319909059
Publisher: Springer International Publishing

and would be

a practically intolerable burden on the national courts.47

The analysis of national courts’ interpretation practice in some Member States reveals that actually up to three or four language versions are compared.48 Versions in English, French, German and in a language of the national court are usually chosen.49 The information which language versions have been analysed for interpretation purposes can be retrieved from the text of judgments where judges explain their interpretation decisions. If the meaning is clear and the same in all language versions, the reference to the comparison of language versions is unnecessary. Therefore, the lack of such a reference does not mean that the analysis of all or some language versions has not been undertaken. Even if some language versions seem to be more often considered than others, it does not confirm their dominant position. Linguistic inequality in the interpretation process would arise, if the courts constantly preferred the meaning of one or some language versions over others. It is not the case of interpretation practice in the CJEU. If there is divergence between the versions of EU legal act, the CJEU searches for the meaning uniform to all versionsby reference to the purpose and general scheme of the rules of which the provision in question forms part.50

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