| Lingua e diritto in Europa: multilinguismo, pluralismo linguistico e terminologia giuridica uniforme nel diritto europeo dei contratti |
| Fascicolo 2005-4 |
| Scritto da Ioriatti Ferrari Elena |
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Sommario 1. Introduzione al problema. – 2. La lingua nel diritto. – 3. Il diritto nella lingua. – 4. Lingua versus diritto e diritto versus lingua. – 5. Oltre il diritto e oltre la lingua?
Abstract The purpose of this article is to examine the relationship between law and language with regard to community law and European private law. It focuses on practical issues, such as the concrete impact of the principles of multilingualism on the creation of a uniform legal terminology at the European level: from a technical viewpoint, the need for a uniform legal terminology in a limited number of languages seems to be indispensable for the creation of a law of contract common to Europe. However, this need has grown in contrast to the EC Treaty provision regulating the use oflanguage, which recognises that all legal instruments have to be drawn up and published in all the official languages of the Member states. The friction between these two needs is critical given that the maintenance of the meaning of each common concept clashes with the consequence of translating it in all the languages of the Union. Instead of offering a solution to this complex problem, the article suggests anticipating the analysis of some similar contrasts which have already been identified at the national level and which seem to be the key issues of the future relationship between law and language in Europe. |