By Francesca Ruggieri (auth.), Francesca Ruggieri (eds.)
The publication “Criminal lawsuits, languages and the eu Union: linguistic and criminal concerns” – the 1st try out in this topic – offers with the present scenario within the jurislinguistic experiences, which disguise comparative legislations, language and translation, in the direction of the purpose of the circulate of an identical felony strategies in platforms that are nonetheless very assorted from each other. within the absence of universal cultures and languages, in legal technique it really is attainable to differentiate positive aspects which are commonplace of universal legislation structures and lines which are normal of civil legislation platforms, in line with the 2 assorted types of adverse and inquisitorial trials. accordingly, the main not easy demanding situations are for the eu Union legislator to outline normal measures that may be simply applied on the nationwide point, and for the person Member States to decide on corresponding family measures that could top enforce those huge definitions, that allows you to pursue ambitions set on the ecu level.
In this scenario, the ebook assesses the hot framework in which felony attorneys and practitioners have to function below the Lisbon Treaty (Part I), and specializes in the several types of its provisions bearing on cooperation in felony concerns, so as to must be applied on the nationwide point (Part III). The booklet analyses the problems raised via multilingualism within the ecu decision-making approach and next interpretation of criminal acts from the perspective of the entire gamers concerned (EU officers, civil, penal and linguistic legal professionals: half II), explores the prospective effect of the ecu criminal acts bearing on environmental safety, the place the examine of ascending and descending flow of polysemantic phrases is mainly proper (Part IV), and investigates the hot criminal and linguistic techniques within the box of information retention, security 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
In the section devoted to non-discrimination and citizenship of the union (Part Two of 1 Specifically, the article reads: any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. Linguistic Regimes and Judicial Cooperation in the Eurojust’s Perspective 25 the Treaty on the Functioning of the European Union, TFEU), it is expressly stated in Article 20 (ex Article 17 TEC) that citizens of the European Union shall have the right to address the institutions and advisory bodies of the Union in any of the Treaty languages and to obtain a reply in the same language.
The importance of judicial training was reaffirmed in the 2010 Communication of the European Commission for the implementation of the Stockholm Programme. The Communication noted that the multi-annual programme needed, inter alia, to pursue the objective of ensuring systematic training in European legal affairs for all new judges and prosecutors. In 2011, the Commission also presented a new Communication on a renewed action plan on European education, to support all legal professions and foster pilot projects as part of the general framework of exchange programmes.
We can approach it from two perspectives: – The first refers to the practical and operational dimensions of judicial cooperation. That is to say, we can examine how the judicial authorities of different countries engage in dialogue with one another with the aim of providing mutual legal assistance. Here we can consider the notion of legal cooperation as a form of dialogue and as a form of “working together” (which is the literal meaning behind the Latin origins of the word “cooperate”). Our frame of reference is the first of the two definitions of multilingualism that we touched on at the beginning of the essay, namely multilingualism understood as the (variable) linguistic capacity of a given group of persons.