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Clarity of law requirement regarding European Union law

Mgr Jakub Karczewski

University of Warsaw


English abstract:
Clarity is one of the basic traits of good law. So far, theory of law has focused on the clarity of law requirement only with reference to national legal orders. The article tries to apply this requirement to multilingual and multicultural European Union legal order. Clear law is understandable and precise. Although it is not possible to make law completely clear, the legislator should try to make it as clear as possible since such law protects important values and enables to achieve important goals, for instance it makes law more efficient and certain. One of the crucial prerequisites for clear law is appropriate language of the texts of legal acts. It concerns both vocabulary and syntax of these texts. Therefore, in order to make law clear, the legislator should follow specific rules regarding linguistic aspects of lawmaking. European Union law should be clear as well. Since European Union multilingual and multicultural legal order is different from national legal orders, including the multilingual ones, the methods of making European Union law clear are partly different from those applied in national legal orders. It concerns, above all, the language of texts of European Union legal acts. The use of new, European, legal terms is justified and helps make European Union law clear, even though this does not have to seem evident. In contrast to the new vocabulary, the new, European, syntax of texts of European Union legal acts is not justified. In order to make law clear, the European Union legislator should follow the same syntactic rules as the national legislator.

Keywords: clarity of law, European Union law, law-making, multilingualism of law, multiculturalism of law

Language: Polish

Published: Number 2(11)/2015, p. 42-58.

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Filed Under: Articles Tagged With: clarity of law, European Union law, Jakub Karczewski, law-making, multiculturalism of law, multilingualism of law

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Keywords

Karl Popper Piyel Haldar Principles of philosophy of law evolution of law second-order rules of legal interpretation Georgii Sibirtsev Isaiah Berlin Mateusz Wojtanowski polis Polish law Magdalena Małecka transplants dualism of law state law judicial election deliberative democracy legal status of animals resentment institutional theory judicial disobedience individual and political freedom international legal theory ideological interpellation liberalism interpretation of procedural statements the principle of gender equality freedom thick concepts reflexivity Krzysztof Goździalski virtue jurisprudence regulation of liberty legal norms reasonableness of the law (non)discrimination sanction theory ritual interpretation ontologically creative justification of punishment inference transplantation naturalistic ethics contextualism Bayes' theorem transitional justice analytical legal theory apoliticality secularism administrative case law justification

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