engleski

European vs. National Terminology in Croatian Legislation Transposing EU Directives

The harmonization of Croatian law with the EU acquis is taking place at a sensitive time when the Croatian language has been undergoing a process of purification in all areas, including the law. The current linguistic evolution has made lawyers keenly aware of the vital role of language in the law and the need to build a concise and coherent national legal vocabulary. This has undoubtedly had an impact on the creation of EU terms in Croatian and the lawmaker's choice of modality when transposing EU directives. Instead of verbatim transposition, which amounts de facto to literal translation of EU terminology, Croatian lawmakers favor the method of "translating" directives by using national legal concepts and terminology to the greatest extent possible, thus running the risk of creating terminological incoherency between national and EU terms. By comparing the terminology in several language versions of EU directives in the field of consumer protection law (including the Croatian translations)with the Croatian terminology in the transposed national legislation, the authors attempt to draw attention to problematic terms in the Croatian Consumer Protection Act and the Obligations Act which appear to be incoherent with the EU terms in the relevant directives. The contribution also deals with the role of translation in the harmonization process, raising the question to which extent the terminology in the Croatian translations is taken into account during transposition.

translation of the EU acquis, creation of EU terminology, transposition of EU directives

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