Projects / Programmes
Incorporating the EU legal terminology into the Slovenian legal system
January 1, 2009
- December 31, 2013
| Code |
Science |
Field |
Subfield |
| 5.05.00 |
Social sciences |
Law |
|
| Code |
Science |
Field |
| S110 |
Social sciences |
Juridical sciences |
| S155 |
Social sciences |
European law |
| S114 |
Social sciences |
Comparative law |
| H350 |
Humanities |
Linguistics |
| H353 |
Humanities |
Lexicology |
| Code |
Science |
Field |
| 5.05 |
Social Sciences |
Law |
law of the European Union, European law, legal science, legal terminology, legal practice, cultural identity, relationship between the European and national legal order
Researchers (20)
Organisations (2)
Abstract
The goal of the research programme is to accompany the first years of Slovenia’s membership in the European Union with an adequate development of its legal terminology. By doing so, the programme will not only offer assistance in incorporating the Union legal order into the Slovenian legal field and language, but also try to ensure that in this process the Slovenian legal language, a significant feature of the Slovenian national identity, maintains its comprehensiveness and autonomy. The work is oriented towards preparing a dictionary, ie a terminological database of the Union legal order, with the earlier phases focusing on the search of the appropriate Slovenian counterparts to specific English terms, while the final version of the database is planned so as to be used in both ways, locating the suitable English translations for Slovenian terms as well as vice versa. The database thus prepared will also be made available to the appropriate governmental offices, as the purpose of the programme is not only in the further expansion of the existing terminology in Slovenian but also in the verification or re-examination of the existing solutions in terminology translations. Furthermore, it should be stressed that the subject of the research stretches beyond the translation issues and is extended to include the wider terminology that is part of the theory of the various legal fields and represents an inextricable tool of legal science that takes part also in the shaping of the European legal order and not only in its execution. It is evident that the possibility of substantive work in the field of European law is only possible for the Slovenian legal community and in the spirit of Slovene (legal) identity if a suitable legal terminology is fashioned and nurtured at the same time.
Significance for science
Development of professional terminology is one of the essential elements of - and in some cases even a prerequisite for development of a science itself. Coherent legal language represents also the basis for an in-depth understanding of legal theory, legal instruments and their systematics. It is precisely the ability of language to subtly distinct and identify certain legal concepts that allows progress in legal science and its further deepening. The advancement of science is largely dependent on the chosen methodology. Legal scholars of specific fields of law contribute definitions of terms. This ensures a professional integrity of our work. If already established term turns out as inappropriate or inadequate, the attention focuses on the conceptual inconsistency of definitions in order to ensure coherence of terminological system. Also new terms are formed. Before finalizing the work a detailed coordination review by legal and terminological experts is carried out. Such methodology is consistent with the rules of terminology science and is prescribed by ZRC SAZU. From the times of enlightened absolutism onwards the domestic law that replaced the ius commune has been a particular phenomenon of each European state. Because of that legal science at the present time is more or less limited to the state of its origin in which, according to the territorial principle, the legal system is in force. Even the law of supranational organisations lives to an important extent in the legal systems of member states. It influences them in a direct way through supranational institutions and by the validity of the international law itself, and indirectly as a part of domestic law. The present research programme will necessarily broaden the scope of legal science predominantly focused on the domestic law. Full membership of Slovenia in the European Union changed also the status of Slovenian language. The results of the research will necessarily influence the use of Slovenian legal language in the institutions of the European Union. The results of the research may be interesting also for other countries waiting to become members of the European Union facing similar problems in the process of harmonisation of their legal systems with the legal system of the EU. The terminological consistency in the field of law of EU is of crucial importance not just because of effects of EU legislation, but also due to strong interaction and integration between legal orders. Terminology of a certain science and the materia of this science are inextricably linked. Transferring of european legal notions into the Slovenian terminology therefore raises several specialized issues, linked to its substance on the one hand, and to the issues of terminology science on the other. These issues can not be resolved without full knowledge of both European and Slovenian legal order and legal language. In this respect, interdisciplinary and very closely related research work is necessary. The development of science is not to be expected only in the field of law of EU and the law more broadly, but also in the work of Slovenian professional linguistics. The formation of legal dictionary with lexic definitions will have also direct effects on Slovenian legal science. It is generally accepted fact, that comparative legal method is very important for legal research. Such a dictionary and lexicon, therefore, can be a very useful tool to overcome the language barrier and can serve as a first insight into the existence and use of specific legal concepts and institutions by other legal systems, especially EU.
Significance for the country
The problem of adequate legal terminology is closely connected with the autonomy of Slovenian legal science and culture as well as with the substantial aspect of equality and full membership of Slovenia in the EU. If Slovenia wants to retain its national and cultural identity it should, among other things, take care of the adequate and well-designed legal language. Legal terminology also shapes legal culture, culture of arguments, where each expression holds a specific meaning, especially when legal messages are inspired by the terminology from other legal systems and the EU legal order. The development of the Slovenian legal terminology, especially in the field of European law, effects on the development of Slovenia as a country at least in two manners. First, emerging, advancing and unifying of the Slovenian legal terminology is crucial for preserving the position of Slovenia in EU. Slovenian legal language certainly has the capacity for quality implementation of European legal terminology into its own terminological catalog. Slovenian language is not just a passive member of European family that follows the progress and activity inside of the EU. It has all the potential to be an active factor in the further development of European legal terminology. However, this is not possible without adequate outlined and objective-oriented research work. Secondly, the other significant medium- and long-term effects consider the development of Slovenian legal terminology with a focus on integration of European legal terminology at home. The most direct result of the research programme will be the first Slovenian dictionary of European legal terminology. The lexicographic descriptions will be very helpful for learning about the meaning and usage of certain legal terms. Wide use of the edition by various legal professions is expected. Additional medium- and long-term effects of the programme, particularly with regard to raising the level of development of the Slovenian legal terminology, are expected, both in the field of theory and practice. The programme wishes to encourage and spread higher awareness regarding the importance of consolidating and improving the legal terminology among legal scholars and researchers. This goal will not be achieved only through publishing tools for ease the research work, but also by encouraging further efforts in the field of European law, the related terminology and content of its legal institutions. Above all, also practical, every-day effects are anticipated to appear regularly in the long run. We have already mentioned the case law, which is one of the essential factors for advancement of the Slovenian legal terminology. At this point we would like to mention the role of the National Assembly. As an EU member, Slovenia is committed to respecting the acquis of the Union. The National Assembly is legally obliged to express their views on the proposals of EU legislative acts. The National Assembly and the Government participate in the proceedings in the manner provided for by the Act on Cooperation between the National Assembly and the Government in matters of the European Union. It is not a surprise that this type of cooperation leads to the direct transplantation of new terminology in Slovenian legal order. Authorities have a dual role regarding this issue. One is to properly interpret, introduce and include the terminology of EU law into Slovenian legal language. The second is especially in the delivering the observations, opinion and position of the National Assembly, which plays an active role in shaping the EU legislation. Creation and use of adequate terminology is therefore of great importance.
Most important scientific results
Annual report
2009,
2010,
2011,
2012,
final report,
complete report on dLib.si
Most important socioeconomically and culturally relevant results
Annual report
2009,
2010,
2011,
2012,
final report,
complete report on dLib.si
