Unschärfen im Recht und europäische Richtlinien : eine interdisziplinäre Untersuchung am Beispiel der Emissionshandelsrichtlinie
As of its enormous range in interpretation, language is never precise. At the same time there would be no law without language. Legislative texts could never attain absolute preciseness in a linguistic sense because they have to comprise the environment in all its complexity, therefore conduct an enormous effort of abstraction. The legal terminology has an exceptional position compared to other special terminologies because it structures the legal world. In general, the common addressees are no experts in this field. Technical languages are based on special terminologies. The user has to be aware in using technical terms correctly. The legal system and its special terminology are closely related, but the result could be linguistic impreciseness. This arises on the European platform mainly through translations, which are obligatory to protect the typical European character of multilingualism. Multilingualism is a huge and expensive challenge for the European Union. The legal systems of the member states are autonomous and its legal terms are rarely transferable. In comparison with them, the European legal system cannot be considered as a completely independent differentiated system. Impreciseness in this linguistic field results from the impossibility of an appropriate, same sense mediating translation as well as from the multilingual and dynamic character of the European Union and its pluralistic legal system. This impreciseness is typical for the EU. Only an absolute autonomous European state law, including its own terms based on a single language, could avoid impreciseness. European directives, as typical legal acts of the EU, allow a transfer of the predetermined contents with possible scopes of operation. The given contents have to be transferred into national law from the Member States. These scopes of operation provide possibilities for (structural) impreciseness, because divergent national arrangements can lead to different initial positions in the Member States and therefore to unequal treatment. ...
