This project examines the production of the multilingual jurisprudence of the European Court of Justice (ECJ). It is generally accepted that the development of a rule of law within the EU is due in a large part to the judicial pronouncements of that Court. Based on the theoretical assumption that a linguistically ‘hybrid’ community, such as that of the ECJ, functions primarily through language interplays, negotiations and exchanges; and that the ‘process’ within any institution will necessarily affect its ‘output’, the development of an EU rule of law will necessarily be affected by the artificial and hybrid language of the ECJ. The project is situated on the threshold betweeen legal anthropology, linguistic theories and linguistic semiotics. EU law, and in particular the jurisprudence of the ECJ, is coded in language, and the concepts that are used to construct that law are accessible only through language. In this project, by clarifying the ways in which language plays a key role in determining judicial outcomes, I aim to challenge EU scholarship to look beyond more conventional approaches to the development of a rule of law which draw on law alone.
This project has been funded by the European Research Council (ERC Starting Grant)
Details of the research and events taking place as part of this project can be found on the project website: llecj.karenmcauliffe.com
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