M. Paz BATTANER ARIAS (Barcelone, Espagne)España, observatorio de política lingüística
(Spain, observatory for linguistic policy)1998, Vol. III-1, pp. 41-56
In today's Spain five main bilingual areas can be distinguished. This article aims at describing the sociolinguistic situation in those areas as well as the efforts that have been undertaken during the past twenty years at linguistic regulation, the results of which will be discussed.
Augusto CARLI (Modène, Italie)Plurilinguismo e lingue minoritarie nella politica linguistica europea / Plurilinguisme et langues minoritaires dans la politique linguistique de l'Union Européenne
(Multilingualism and minority languages in European language policy)2004, Vol. IX-2, pp. 59-79
This article deals with the language policy measures recently adopted by the European Union (EU) and aims to highlight some problematic and contradictory points. The analysis focuses on two specific aspects: a) maintenance and protection of minority languages, and b) 'work languages' institutional regime. A critical interpretation of the European Charter for Regional or Minority Languages (1998) allows for the identification, discussion and evaluation of both the positive and negative aspects which characterise this legal document. Theoretical and practical contradictions become more evident when 'work languages' are considered within the Institutions since the rich European multilingualism is sacrificed to an embarrassing English monopoly.
Mathieu DEVINAT (Sherbrooke, Canada)Le bijuridisme et le bilinguisme canadiens : des idéaux sous tension
(Bijuridism and bilingualism in Canada: ideals under tension)2011, Vol. XVI-1, pp. 33-50
Since its creation in 1867, Canada is founded on a political compromise between two founding nations that gave an equal status to distinct legal traditions both expressed in two official languages. In order to fulfill these ideals, however, Canadian jurists must assimilate two legal cultures and languages, an expertise far from reach for everyday citizens, and probably even from a majority of jurists themselves! This paper aims to present in a critical manner the legal discourse surrounding the implementation of bilingualism and bijuridism in Canadian law. In our opinion, the Canadian example highlights the methodological and terminological challenges related to the recognition of two languages and legal traditions within the same legal order.
Simon TAYLOR (Paris-Diderot)The European Union and National Legal Languages: an Awkward Partnership?2011, Vol. XVI-1, pp. 105-118
The harmonisation of the laws of Member States in various areas of private law constitutes an important element of the European Union integration process. The principal legislative mechanism used to achieve this harmonisation is the directive. Effective harmonisation of national laws can only be achieved if the Community legislation is applied in the same way in the different national legal systems. Many of the challenges in ensuring a harmonised application of community legislation are connected to issues of legal language. Amongst other examples, this paper will use the European directive on product liability (la responsabilité du fait des produits défectueux) as an illustration of the various language issues raised and the solutions available to ensure an effective level of harmonisation. This will be done through a study of the English and French versions of the directive, and by considering the experience of the implementation of the provisions of the directive in French and English law.