Le corti europee. La lingua: dei giudici o dei traduttori?
CDCT Working Paper 37-2015/ELC 21
The multilingualism existing within European institutions and courts brings about a symmetrical difficulty in drafting provisions, judgements and documents that keep continuity and coherence with meaning in all the versions they are written.
This paper aims to analyse the complexity, the style and some problematic aspects of the judgements issued by, respectively, the European Court of Human Rights and the Court of Justice of the European Union, in light of the challenges presented by their translation. This analysis is combined with reflections on some criticisms made about the approach adopted in these judgements and on the role played by translators in preserving or altering the substance of international provisions. The paper also tackles the problem of how strict adherence to the linguistic precedent and the excessive concern with homogeneity could possibly compromise the efficacy and coherence of the translation.
Finally, the article analyses some expressions that are born within the European area as hybridizations or neologisms or that, after being borrowed from the legal language of national systems, have subsequently developed meanings of their own.