Law and language in the EU : a reflection of unity in diversity or an opportunity for judicial activism?

Abstract

Law and language are intricately knit together in a scenario such as that of the European Union, where twenty-eight Member States, each with its own language and linguistic diversity, engage in economic and political cooperation, and where legislation enacted by the same Member States is binding not only on them but also on the citizens residing within them. In this context, variances between the various existing language versions of multilingual EU legislation are not uncommon, and the responsibility of determining the true meaning of such legislation rests with the Court of Justice of the European Union. This dissertation examines whether the various language versions of EU legislation, available in the twenty-four official languages of the EU, truly manifest one meaning and as such, ensure uniform interpretation and application of EU law throughout the Union. It purports to analyze the methods of interpretation adopted by the Court of Justice in cases involving linguistic discrepancies between the various language versions of EU legislation in the light in particular of recent CJEU decisions, and to determine whether the fact of multilingualism in the European Union permits the Court of Justice the option of judicial activism.