Implementation Of Acquis Communautaire Research Articles

INFLUENCE OF EUROPEAN LEGAL TERMINOLOGY ON THE UKRAINIAN LEGISLATIVE TERMINOLOGY

The analysis of the influence of European legal terminology on the terminology of national legislation by adapting Ukrainian legislation to the legislation of the European Union is carried out. It is emphasized that Ukraine’s desire to become a member of the EU necessitated the mandatory adoption of acquis communautaire, as well as legal and institutional mechanisms for their implementation. According to the National Program for the Adaptation of the Legislation of Ukraine to the Legislation of the European Union, this mechanism includes the adaptation of legislation, the creation of relevant institutions and other additional measures necessary for effective law-making and enforcement. It is established that, despite the natural aspirations of lawyers for unambiguity in the categorical apparatus, the meaning of the term ‘European legal terminology’ will always correlate with the concept of ‘European law’, for which there is still no common understanding. The author defines the term ‘European legal terminology’: it is a legal term system, the source of which is a set of legal rules, court decisions, doctrinal concepts, recommendations and agreements, etc., which arose during the existence of European integration associations. The main directions of influence of the European legal terminology on the Ukrainian legislative terminology are defined. European legal terminology penetrates into a wide range of legal relations in the fields of customs law, banking law, taxes, intellectual property, labor protection, competition rules, health and life of humans, animals and plants, environment, etc., which puts Ukraine before amending many regulations, especially in terms of terminology. The classification of directions of influence of the European legal terminology by priority spheres of adaptation of the legislation of Ukraine to the legislation of the European Union and by types of legal activity is offered. The positive and negative consequences of the influence of European terminology, which the legislative terminology of Ukraine has suffered on the European integration path as a result of the implementation of European legal terminology, are analyzed. The problems in the practice of legal translation, mistakes in the Ukrainian legislation, caused by the implementation of acquis communautaire and the terminological inconsistencies are considered. The ambiguity in scientific and professional circles of understanding of the concept of ‘European law’ has been established, which led to an attempt to provide a generalized definition of the term ‘European legal terminology’. It is substantiated that in Ukraine European legal terminology becomes the standard and criterion in the lawmaking process, the working categorical apparatus in law enforcement and the most common object of interpretation in the field of law. The necessity of further study of the linguistic aspects of the terminology of certain priority spheres of adaptation of the Ukrainian legislation to the EU legislation, the analysis of the practice of interpreting acquis communautaire, the use of European legal terminology in law enforcement activities and the problems of legal translation of European legal terminology have been established.

Extrajudicial Settlement of Consumers Disputes in Domain of Financial Services – EU and Croatia

A process of integration of Croatian financial market into European financial services market does not only involve implementation of acquis communautaire, but also mechanisms for effective protection of consumers of financial services. Where cross-border disputes arise, resorting to traditional litigation is not always practical, nor cost effective. Alternative methods of dispute resolution, by default are defined as out-of-court dispute resolution processes conducted by a neutral third party, excluding arbitration. So, not only courts but also other dispute mechanisms should be available. Since the field of financial services presents special and technically complex area, a special net called FINNET was created in EU to mediate when a dispute between financial service consumer arises with a cross border provider. Aim of this paper is to recommend the institution that can in a close future be domestic body for dispute settlement in a field of financial services. First part of paper briefly shows a level of achieved integration of EU financial market as well as obstacles to it. A brief view on the alternative dispute settlement models in EU countries follows, with emphasis being added on out of court bodies in domain of financial services. The structure of and basic principles of FIN-NET are explained and solution for Croatia is proposed.

Implementation of the Acquis Communautaire in EU Candidate Countries: A Reappraisal

This article replicates and extends the Hille and Knill (2006) study on the implementation of acquis communautaire in EU candidate countries. We use a different methodological approach, i.e. the 'fuzzy set qualitative comparative analysis' (fsQCA) and extend the analysis by incorporating EU-level factors (the intensity of EU conditionality). The fsQCA analysis shows that the bureaucratic effectiveness is systematically related to candidate countries' alignment performance whereas there is no systematic relationship between alignment performance and the political constrains, the financial capacities, the government membership support and/or the absence of intensity of EU conditionality.

Znaczenie przekładu aktów prawnych Unii Europejskiej dla polskiego kontekstu kulturowego i dyskursu społeczno-politycznego

The present article discusses the cultural significance of translation of EU’s legislative acts into Polish. The article is divided into two sections. The first section titled “Acquis communautaire in the Polish cultural context” presents legal and social aspects of translation of EU-law into Polish and explains the value of translation of acquis communautaire as an important means of the European integration. The second section with the title “The Polish language of EU’s legal acts” presents an analysis of selected fragments of an EU-recommendation in two language versions (Polish and English) and identifies various linguistic problems connected with translation of EU- -law into Polish. One of the main conclusions is that translation of EU’s legislative acts not only facilitates implementation of acquis communautaire in Poland and provides every Polish citizen with access to European law but also enables our national language – and thus our culture – to remain present in the European context. Another important conclusion is that the quality of translation of EU-law into Polish, especially such prominent documents as the Treaty establishing Constitution for Europe, can seriously influence our language and determine its development.