Oksana Rudenko

Yuriy Fedkovych Chernivtsi National University

 

The unification of a legal terminology of private law as an official politics of the European Union

        

Nowadays, there are 23 official languages in the EU, but taking into account a particular status of an Irish language, legal documents are translated into 24 languages. Despite the tendency of giving the advantage from those 24 languages to three of them − English, German and French, − none of them could be considered a language that might pretend for the status of a legal European language. That could be explained by such a historical fact that English language was not used at the time of the establishment of the European Community in the 50-s, since Great Britain became a member of the EU some time later. Hence, better chances for the status of the official European legal language has neither English, nor German, but French language. Although, in fact it doesn’t have that status and that is why the problem of the formation of a single European legal language remains open.

The topic of the article is the European private law terminology.

The objective of the research concerns the systematization of juridical glossary in order to avoid the variety with may cause misunderstanding and misinterpretation. The data are retrieved from the European private law of the European Union legal documents. 

The statement concerning the unsettlement of a language problem in the European private law could be explained by such an example as the translation by different European languages such an important (in the context of the formation of a common European contract law, general private law, including international private law) term “coherent” that is officially used for instance in the title and the text of the Council Resolution on “A More Coherent European Contract Law” (2003)[1]. Thus, in French, English, Spanish, Italian and other languages that term spells in such a way: “coherent” (French), “coherent” (German), “coherent” (Spanish) but “consistent” and “coherent” (English). Thus, that is paradoxical that in a field of law which is known for its logicality, stability, consistency and constancy, similar meanings are represented by different terms. As a result, leaning on a general analysis of the practice of translation of the texts of European international private law a common coherent European juridical terminology doesn’t exist.

Above-stated divergences’ problem in the usage of terms “coherent” and “consistent” in different languages for the designation of the same meaning would be solved by means of agreement concerning the usage of the term on our mind “coherent”.

In other words the problem could be solved conventionally on the basis of one term with a Latin base. That also concerns the formation of a modern Ukrainian juridical science, where the term “coherent” should rank high, especially in the interpretation of the European private law by Ukrainian investigators.

The word “coherent” is the most modern juridical term in the context of the unification of the European international private law but not the only one. In the process of a legal reform which orients on the formation of a common European space, lots of other words with a foreign origin are also actively used, for instance: adaptation, approximation, assimilation, harmonization, directive, implementation, codification, conform, coordination, modernization, resolution, regulation, simplification, unification, uniform. Each of these words, which are based on their own main semantics, has already the meaning of settled juridical terms of the European international private law. This list might be amplified in our opinion with two more words, such as: amalgamation and asymptote, which could also become juridical terms of that law.

Thus, before we legally characterize certain meanings with the help of a certain juridical term, for instance approximation etc, we should first of all make a general philological critique of the word. According to a large explanatory dictionary of a modern Ukrainian language (2004), the word “óí³ô³êàö³ÿ” has such a main meaning as “çâåäåííÿ ÷îãî-íåáóäü äî ºäèíî¿ ôîðìè, ñèñòåìè, ºäèíèõ íîðìàòèâ³â[2] at the same time Collin’s Dictionary determines “unification” as “an act, instance or process of uniting”.

It should be also mentioned that in the Treaty establishing the European Communities[3], you can never find the word “unification”, instead of it three other words are used here: “approximation”, “harmonization” and “coordination”. Large explanatory dictionary of a modern Ukrainian language (2004) gives such interpretation of these words:  àïðîêñèìàö³ÿ” – “íàáëèæåíå çîáðàæåííÿ[4], “ãàðìîí³çàö³ÿ” – “ïðèâåäåííÿ â ñòàí â³äïîâ³äíîñò³, çëàãîäæåíîñò³; çá³ëüøåííÿ ãàðìîí³éíîñò³”, “êîîðäèíàö³ÿ – “1. Ïîãîäæåííÿ, çâåäåííÿ äî â³äïîâ³äíîñò³, óñòàíîâëåííÿ âçàºìîçâ’ÿçêó, êîíòàêòó â ä³ÿëüíîñò³ ëþäåé, ì³æ ä³ÿìè, ïîíÿòòÿìè òîùî. 2. Óçãîäæåí³ñòü ðóõ³â, ä³é ³ ò.³í.[5]. According to the Collin’s Dictionary of Law[6] these terms have such an interpretation: “approximation” – “the process or result of making a rough calculation, estimate, or guess”; “harmonization” – “the act of harmonizing; make or form a consistent whole” and “coordination” – “balanced and effective interaction of movement, actions, etc.”

All above-stated examples of the interpretation demonstrate that similar terms have various explanations in different languages and that for sure cause misunderstanding and misinterpretation. The best way out of this situation is the formation of a single European juridical language.  

Certainly such dead classical languages as Greek or Latin cannot pretend for the status of a single European juridical language. We also cannot raise the question of the formation of artificial European juridical language on the basis of Esperanto etc. We must find a possible way to solve this problem in practice.

In our view, we can solve that problem neither on the basis of choosing one language, for instance French or German, among 24 official languages, nor on the basis of full restoring of the usage of Latin, but due to revival of studying the Roman law by lawyers that should be taught on a high monographic level.

That means that it is necessary to break the existing in Europe tendency of decay in a usage of a Roman law that takes place the last century and a half. In case of success with a modernization of a Roman law, the knowledge of Latin would be also improved, which would then be not only a substance but also a possible 25th European language. As a result, it could probably be considered as a common European juridical language. If our prognosis comes true then national juridical languages of the member states of the EU in cases of divergence that established historically would orientate on a certain term with a Latin base.

 

 

 

Bibliography:

1.                 Collin, P.H. Dictionary of Law / P.H. Collin. – 2. ed., reprint.—Teddington (Midd’x): Collin Publishing, 1995. – 258 p.

2.                 Council Resolution on “A More Coherent European Contract Law” // Official Journal C 246, 14/10/2003. – P. 0001-0002.

3.                 Treaty establishing the European Economic Community, EEC Treaty - original text (non-consolidated version) //http://europa.eu/scadplus­/treaties/eec_en.htm

4.                 Âåëèêèé òëóìà÷íèé ñëîâíèê ñó÷àñíî¿ óêðà¿íñüêî¿ ìîâè // Óêëàä. ³ ãîëîâ. ðåä. Â.Ò. Áóñåë. – Ê.; ²ðï³íü: ÂÒÔ «Ïåðóí», 2004. – Ñ. 1440.

5.                 Ðóäåíêî Î.Â. Óí³ô³êàö³ÿ ì³æíàðîäíîãî ïðèâàòíîãî ïðàâà êðà¿í ªÑ ÿê ïðàâîâà ðåôîðìà // Íàóê. â³ñíèê ×åðí³âåöüêîãî óí³âåðñèòåòó: Çá³ðí. íàóê. ïðàöü. Âèï. 311: Ïðàâîçíàâñòâî. – ×åðí³âö³: Ðóòà, 2006. – Ñ. 61-65.

 

  

 



[1] Council Resolution on “A More Coherent European Contract Law” // Official Journal C 246, 14/10/2003. – P. 0001-0002.

[2] Âåëèêèé òëóìà÷íèé ñëîâíèê ñó÷àñíî¿ óêðà¿íñüêî¿ ìîâè // Óêëàä. ³ ãîëîâ. ðåä. Â.Ò. Áóñåë. – Ê.; ²ðï³íü: ÂÒÔ «Ïåðóí», 2004. – Ñ. 1297.

[3] Treaty establishing the European Economic Community, EEC Treaty - original text (non-consolidated version) //http://europa.eu/scadplus­/treaties/eec_en.htm

[4] [4] Âåëèêèé òëóìà÷íèé ñëîâíèê ñó÷àñíî¿ óêðà¿íñüêî¿ ìîâè // Óêëàä. ³ ãîëîâ. ðåä. Â.Ò. Áóñåë. – Ê.; ²ðï³íü: ÂÒÔ «Ïåðóí», 2004. – Ñ. 23.

[5] Òàì ñàìî. – Ñ. 453.

[6] Collin, P.H. Dictionary of Law / P.H. Collin. – 2. ed., reprint.—Teddington (Midd’x): Collin Publishing, 1995. – 258 p.