The Binding Force of Babel: The Enforcement of EC Law Unpublished in the Languages of the New Member States

Abstract

This paper explores some of the issues raised by the absence of due publication of EC secondary legislation in the languages of the new Member States after the 2004 Accession. It first lays down general principles regarding the publication of legal acts in Community law, pertinent to the current situation. Secondly, it addresses specific derogations from this regime brought about by the Accession. With the help of some general principles governing the publication and a comparative analysis of communication of legal norms in the Member States, it tries to suggest a possible approach to the extraordinary situation following the 2004 enlargement. Finally, it takes into account the consequences of the proposed solution and their potential sequels on the national level, especially before the constitutional courts of the new Member States.