Studying the language of law in the EU
Expertise is usually required for deciphering the real meaning and the possible misinterpretations of law text. The reality constructed from the language is thought to be very precise. However, there is a sophistication behind the text that can lead to startling consequences depending on who is giving the explanations. Funded by the EU, this dynamic project, LINGLAW(opens in new window), seeks to flush out this topic using the Services Directive 2006/123/EC. This Directive is typical of a compromise directive, a result of the formidable and time-consuming political process of making all Member States happy enough to achieve a consensus. When a directive (a compromise law) is finalised, it usually contains complicated law text. This particular directive was created to refresh the single market by facilitating the cross-border provision of services within the European community. Soon after enacting the Services Directive 2006/123/EC interpretation began and then clarification. Published by the European Commission, the 2007 handbook clarified implementation of the Services Directive. LINGLAW studied these European guidelines on legal drafting to work with Germany and Austria and correctly implement the Directive. The European guidelines contain important regulations on quality and the rationale behind the legal norms, but they are not legally binding. LINGLAW argued in support of making these guidelines mandatory. Also, it recommended that artificial intelligence and legal knowledge management challenge the legal community to reveal incoherencies and to discuss vagueness in the law text. LINGLAW disseminated these viewpoints at a workshop organised regarding the Services Directive in Germany. Over 200 participants attended the workshop.
