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universities: turin (Italy), which was the lead institution, Barcelona (Spain), Lyon 3 (france), münster (Germany), Nijmegen (the Netherlands), Oxford (the United Kingdom) and warsaw (Poland). within this framework, we have received competent young post-doctoral scholars from these universities in turin, and we asked them to come up with a research programme on legal terminology. the background of this study is the following. we were not satisied with just translating words. we were not satisied, because you can easily translate words without really catching the meaning of legal terms. you can translate the German term Besitz using the Suisse term Besitz. Same language, same name. But the institutions are different, because the meaning of the German term Besitz — position — is not really the same in terms of the content of the rule. the same applies to many other very well-known examples. So we tried to address this issue, not in the sense of having a dictionary — a multilingual dictionary — but in the sense of having a semantic tool. ‘Semantic tool’ means that we wanted to take into account the context in which terms are used and to see how these terms were deined in the different levels of European legislation, European case-law, national implementing acts and national case-law. In order to make this task a bit more challenging, we also added some doctrinal notes and comments. Research on legal terminology is something different from research on legal translation. It is also a priority identiied by the European Commission. In its communication of 2003 on ‘Updating and simplifying the Community acquis’ ( 2 ), the Commission indicates the need for ‘rewriting legal texts to render them more coherent and understandable’ and for overcoming ‘potential legal uncertainty resulting from inconsistent deinitions or terminology’. It is therefore the Commission itself which recognises that there is a problem in terminology regarding the acquis. however, regardless of the way terminology in which is used, the deinition of terminology itself is not coherent. Even in Commission documents the word ‘terminology’ has different meanings: sometimes, it is meant as a kind of substitute for searching common principles, sometimes it is used as a syno- ( 2 ) Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Updating and simplifying the Community acquis, COm(2003) 71 inal. 01_2007_5222_txt_ML.indd 130 6-12-2007 15:14:00
WORKSHOP nym for legal categories, and at other times it is used simply as a synonym for ‘words’. terminology is actually about something else. It is work on groups of legal terms put into context. thus, the reason why we called our tool the ‘Legal taxonomy syllabus’, with an emphasis on terminology, is that we wanted to place the deinitions of the terms into context — context being the normative background. from this very moment, the perspective clearly appears — ending up with a semantic tool, a research tool which enables the user to get the meaning and, eventually, the translation of different related words, linked together. this is in fact the same way Google works today. we have decided to limit our research to consumer law for two simple reasons. One is that there is a bulk of easily identiiable sets of rules: the directives on consumer law as quoted in the Green Paper on European Union Consumer Protection (COm(2001) 531 inal), together with a couple of important directives which were added in 2003 and 2005. this made up a distinctive corpus which was narrow enough to permit this exercise, but also general enough to give sense to it, taking into account that consumer law today is still the core of contract law within the European Union. the corpus is therefore composed of the directives identiied in the 2001 Green Paper plus the 2005 directive on distance marketing of consumer inancial services ( 3 ). we tried — and this is a very ambitious statement — to make this tool useful for several groups of users, and I would say mainly to all those having an interest in getting access to the meaning of consumer law in different languages: lawyers, translators, legislators and scholars. when we mention legislators, we refer particularly to the common framework of reference which was set by the Commission in 2003. the idea is that the common framework of reference should lead the European legislator to a coherent, restated set of regulations from the acquis, which should enable better law-making and better regulation. Entering now the structure of the Syllabus as such, the irst thing to say is that it comprises 90 terms identiied within consumer law directives. these terms are explored following a two-step approach. Step 1 gives the horizontal perspective: it maps the occurrence of the selected terms in EU law and identi- ( 3 ) Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer inancial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC, OJ L 271, 9.10.2002, pp. 16–24. 130 | 131 01_2007_5222_txt_ML.indd 131 6-12-2007 15:14:01
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Speeches and proceedings 25th anniv
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25 YEARS OF ONLINE THE EVENT 25 ANN
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INTRODUCTION APRèS LA PUBLICAtION
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knowledge of the law. Adults, child
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MEETING OF THE COUNCIL WORKING PART
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EUR-LEX TODAY AND TOMORROW After mo
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DOCUMENT ANALYSIS AND LEGAL INFORMA
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LIFE AS A CELEX HOST INtRODUCtION I
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CONCLUSIONS first, I would like to
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LEGAL XML — USE OF XML FOR THE PR
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