Criminal Proceedings, Languages and the European Union: by Francesca Ruggieri (auth.), Francesca Ruggieri (eds.)

By Francesca Ruggieri (auth.), Francesca Ruggieri (eds.)

The e-book “Criminal complaints, languages and the ecu Union: linguistic and felony matters” – the 1st test in this topic – bargains with the present state of affairs within the jurislinguistic reports, which conceal comparative legislations, language and translation, in the direction of the purpose of the circulate of an identical criminal strategies in structures that are nonetheless very varied from each other. within the absence of universal cultures and languages, in legal method it truly is attainable to tell apart positive factors which are usual of universal legislations structures and lines which are standard of civil legislations platforms, in line with the 2 varied types of opposed and inquisitorial trials. consequently, the main frustrating demanding situations are for the ecu Union legislator to outline wide-spread measures that may be simply carried out on the nationwide point, and for the person Member States to settle on corresponding family measures which could top enforce those wide definitions, so one can pursue ambitions set on the ecu level.

In this scenario, the publication assesses the recent framework during which legal attorneys and practitioners have to function below the Lisbon Treaty (Part I), and specializes in the several types of its provisions referring to cooperation in legal concerns, so one can have to be carried out on the nationwide point (Part III). The ebook analyses the problems raised by means of multilingualism within the european decision-making approach and next interpretation of felony acts from the perspective of all of the gamers concerned (EU officers, civil, penal and linguistic attorneys: half II), explores the potential effect of the ecu criminal acts relating environmental security, the place the research of ascending and descending move of polysemantic phrases is principally correct (Part IV), and investigates the hot criminal and linguistic ideas within the box of information retention, security of sufferers, eu research orders and coercive measures (Part V).

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If members of the judiciary are endowed with the appropriate linguistic capacities, they will be able to verify the quality of the translations of any requests they make to foreign authorities and make sure that the wording of the requests is not too difficult to understand or even unacceptable for the receiving party. One of the recurring difficulties that occurs in cooperative relationships between judicial authorities, a difficulty that is highlighted in the annual reports of Eurojust Linguistic Regimes and Judicial Cooperation in the Eurojust’s Perspective 33 (which has a privileged perspective over these matters), is the poor quality of the translations of international requests.

34 F. 8 Clearly, in this changed environment, knowledge of foreign languages by the dialoguing parties and exchange of information facilitate regular and useful updating of the criminal investigation and the criminal networks under investigation. As regards current linguistic practice, the most common language used by the judicial authorities of the European Union is English. While the pronunciation of English may differ considerably from that of its native speakers, the language nonetheless functions successfully as a lingua franca for judicial cooperation and has made a considerable contribution to the evolution thereof.

Linguistic Regimes and Judicial Cooperation in the Eurojust’s Perspective 31 showed a more rational course than the occasionally chaotic and disorganised trend that characterised earlier attempts at judicial cooperation. The original forms of cooperation among the judiciaries of different countries were intergovernmental, based on international agreements in which a pre-eminent role was assigned to central government agencies. The basic principle underlying this earlier form of cooperation was the request, by which one state would ask another to lend it legal assistance, which gave rise to the use of international rogatory letters.

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