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13 JLL 1 (2024)

handle is hein.journals/jlangaw13 and id is 1 raw text is: 



                                                                  InternationalJournalof
                                                                  LANGUAGE & LAW

                                                           McAuliffe&Trklja, )LL13 (2024):1-7







Introduction

-   Precedent in EU Law: The Linguistic Aspect


Karen McAuliffe and Aleksandar Trklja*


Abstract
This paper introduces the special issue of JLL on Precedent in EU Law: The Linguistic Aspect.
This introduction first sets out the context for the discussion of how language, multilingual-
ism andtranslation mayimpactthedevelopmentofadefacto precedent in thecase lawofthe
Court of Justice of the European Union (CJEU), and introduces the notion of linguistic prece-
dent. Second, it provides an overview of the papers included in this special issue. This special
issue is a follow-up on a number of workshops and discussions held in the context of the FP7-
funded  project Law and Language at the European Court of~ustice between 2015-2020. The con-
tributions to the special issue, from scholars and practitioners, address various aspects of the
linguistic element in the development of a de facto precedent in CJEU judgments. These re-
flections on linguistic precedent and how it relates to the formulation and application of
'precedents' in EU jurisprudence highlight an aspect of the interpretation and application of
EU case law that has, to date, largely been ignored by scholars and practitioners. Drawing at-
tention to this linguistic element in precedents and decisional practices allows for a more
rounded  understanding of how EU case law develops and functions.

Keywords
precedent, linguistic precedent, multilingualism, legal translation, court of justice of the Eu-
ropean Union  (CJEU)

Published online: 15 July 2024







   *McAuliffe: School of Law, University of Birmingham, UIK, k,- -   .c ; Trklja: University of Inns-
bruck, Austria, lkadrtrkljaQui.aat. The authors would like to thank the contributors to this special is-
sue, and anonymous reviewers for their valuable contributions, feedback, and suggestions, the editors ofthe) LL,
as well as Rioghnach Theakston and Niamh Cavoski Murphy for their editing assistance. Research for the work
leading uptothisspecial issue was funded bythe European Research Council (ERC) underthe EU Seventh Frame-
work Programme (FP7- project n umber 313353).

     International Journal of Language & Law vol 13 (2024)                            1
     D01:14

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