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E pluribus unum? Language diversity and the harmonization of company law in the European Union
- Publication Year :
- 2019
-
Abstract
- This work addresses the impact of language diversity and nation-specific doctrinal structures on harmonized company law in the EU. With this aim, two emblematic case studies will be analysed. The first case study is related to the definition of ‘merger’ adopted in the Company Law Directive 2017/1132 (originally in the Third Company Law Directive and the Cross-Border Merger Directive); by relying on the example of the SEVIC case decided by the Court of Justice of the European Union (CJEU), it will be shown that scholars’ and courts’ conception of the definition of ‘merger’ varies according to own domestic doctrinal structures. The second case study is related to the notion of ‘registered office’, which is key for establishing the scope of several harmonizing provisions and the freedom of establishment; this paper analyses terminological fluctuations across language versions of EU legislation and the impact of domestic taxonomies and legal debates upon the interpretation of these notions. These case studies show that company law concepts, despite their highly technical nature, are influenced by discourse constructions conducted within national interpretative communities, and by the language used to draft statutory instruments and discuss legal issues. The task of the CJEU is to counterbalance these local tendencies, and yet it is unlikely that doctrinal structures, rooted in national languages and legal cultures, will disappear.
- Subjects :
- Pluribus
Language diversity
EU law
Harmonization
law and language
Company law
comparative law
Company law, EU law, legal harmonization, law and language, comparative law
Work (electrical)
legal harmonization
Political science
Law
Political Science and International Relations
Corporate law
media_common.cataloged_instance
Comparative law
European union
media_common
Unum
Subjects
Details
- Language :
- English
- Database :
- OpenAIRE
- Accession number :
- edsair.doi.dedup.....c08a2c55ff4ea7a178fe81a1a8668cb2