The research project is focused on exploring the functional relationship between comparative methodological analysis and the European legal-linguistic system. In essence, the inquiry revolves around the nature of the European Union's autonomous concepts as secondary tools in relation to normative data, thus functioning to achieve the aims outlined in the EU Treaties. This occurs within the framework of ensuring legal linguistic homogeneity, influenced by national legal cultures and legal language.The research highlights the gradual emergence within the EU legal framework of a "hybrid" legal-linguistic model, synthesising elements from various legal cultures of national legal systems and the European Union. At the supranational level, legal languages and concepts undergo a reduction in cultural roots. Consequently, the creation of new linguistic and legal meaningful areas occurs through the disconnection and transplantation of different structures and representations. Where the global (European) meets the local (national), autonomous concepts constitute the synthesis of a new normative level, represented by categories, concepts, and normative syntax foreign to established legal traditions, particularly in the Civil law tradition. The perspective of hybridisation, analysed through both comparative and interdisciplinary methodologies, allows for the visualisation of how this taxonomy incorporates profiles of social justice and legal-cultural harmonisation.
The Doctrine of Comparative and Autonomous Interpretation of EU Concepts by the Court of Justice of the European Union: Towards a Hybrid Supranational Legal Order? / Bergomi, Caterina. - (2024 May 27), pp. 1-222.
The Doctrine of Comparative and Autonomous Interpretation of EU Concepts by the Court of Justice of the European Union: Towards a Hybrid Supranational Legal Order?
Bergomi, Caterina
2024-05-27
Abstract
The research project is focused on exploring the functional relationship between comparative methodological analysis and the European legal-linguistic system. In essence, the inquiry revolves around the nature of the European Union's autonomous concepts as secondary tools in relation to normative data, thus functioning to achieve the aims outlined in the EU Treaties. This occurs within the framework of ensuring legal linguistic homogeneity, influenced by national legal cultures and legal language.The research highlights the gradual emergence within the EU legal framework of a "hybrid" legal-linguistic model, synthesising elements from various legal cultures of national legal systems and the European Union. At the supranational level, legal languages and concepts undergo a reduction in cultural roots. Consequently, the creation of new linguistic and legal meaningful areas occurs through the disconnection and transplantation of different structures and representations. Where the global (European) meets the local (national), autonomous concepts constitute the synthesis of a new normative level, represented by categories, concepts, and normative syntax foreign to established legal traditions, particularly in the Civil law tradition. The perspective of hybridisation, analysed through both comparative and interdisciplinary methodologies, allows for the visualisation of how this taxonomy incorporates profiles of social justice and legal-cultural harmonisation.File | Dimensione | Formato | |
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Bergomi Caterina PhD Thesis.pdf
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