hrvatski

Pravno prevođenje u kontekstu Europske unije. Dijaloški izazov

This paper analyzes the specific relationship between law and language. In particular, it examines the correlations between the legal and linguistic approach to meaning reflected in the special influence of EU law on legal translation. This is especially true in the case of the teleological interpretation of EU legal concepts by the Court of Justice of the European Union. In order to understand and translate such legal concepts one must have a wider understanding of the contexts in which these concepts are used, developed and interpreted. With this in mind, the author advocates a cognitive terminological approach to legal translation in the EU context. As will be illustrated, such an approach describes concepts as parts of wider conceptual structures while taking into account the specificities of EU law, thus offering a more integrative and realistic approach to legal translation. It follows that legal translation in the EU context poses an interdisciplinary challenge. Section 1 sets the interdisciplinary tone of this paper highlighting the correlations between law and language. Section 2 compares the legal and linguistic approach to meaning, while underlining similarities between the teleological method of interpretation used by the Court of Justice of the European Union and state-of-the-art linguistic theories such as cognitive terminology. In addition to an overview of different approaches to legal translation, section 3 summarizes insights of both legal and linguistic theories into translation. Similarly, the applicability of functional equivalents as an adequate translation strategy in the EU context is examined by drawing examples from the area of the EU internal market and the Court's case law. The author concludes that it is necessary to re-assess functional equivalents in accordance with recent linguistic findings (section4) and taking into consideration special features of EU law. Finally, section 5 provides an answer to the question which is the most adequate theoretical approach to legal translation in the EU context and calls for a dialogue between the legal and linguistic approach.

pravno prevođenje; pravo Europske unije; značenje i teleološko tumačenje; kognitivna terminologija

Završni rad na Poslijediplomskom specijalističkom studiju Prava europskih integracija