The phenomenon of translatability in the Europeanization of the Law

The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be vie...

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Autor principal: Enkeleda Olldashi
Formato: article
Lenguaje:EN
Publicado: Academicus 2013
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Acceso en línea:https://doaj.org/article/90ea903db5854d6fbec078cbfefe79a7
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spelling oai:doaj.org-article:90ea903db5854d6fbec078cbfefe79a72021-12-02T12:27:01ZThe phenomenon of translatability in the Europeanization of the Law2079-371510.7336/academicus.2013.07.02https://doaj.org/article/90ea903db5854d6fbec078cbfefe79a72013-01-01T00:00:00Z http://www.academicus.edu.al/nr7/Academicus-MMXIII-7-019-026.pdf https://doaj.org/toc/2079-3715The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be viewed against the backdrop of the historical, political, cultural, social and economic context in which they function. In order to shed further light for our readers, we analyze by emphasizing the significant differences between the civil law and common law system on one side and the legal families that are part of the same legal system, either “Civil” or “Common,” on the other side. The Europeanization of law refers to the communization of the law by EU institutions and to a process that aims at creating a common Europe legal system. In the end, either in medium or long term, the Europeanization is contributing to the so-called non-mandatory or soft harmonization of private law. It is in the best interest of the EU to seek adequate judicial instruments to accommodate the massive numbers of laws deriving from different Civil Law and the Common law systems.Enkeleda OlldashiAcademicusarticlelegal systemlegal familytranslatability’s phenomenonSocial SciencesHEconomics as a scienceHB71-74ENAcademicus International Scientific Journal, Vol MMXIII, Iss 7, Pp 19-26 (2013)
institution DOAJ
collection DOAJ
language EN
topic legal system
legal family
translatability’s phenomenon
Social Sciences
H
Economics as a science
HB71-74
spellingShingle legal system
legal family
translatability’s phenomenon
Social Sciences
H
Economics as a science
HB71-74
Enkeleda Olldashi
The phenomenon of translatability in the Europeanization of the Law
description The integration of legal systems in European is one of the most important issues. This process has started by the fact that there are significant differences between the civil law and common law system and between the legal families in it. A law (at domestic or international level) should not be viewed against the backdrop of the historical, political, cultural, social and economic context in which they function. In order to shed further light for our readers, we analyze by emphasizing the significant differences between the civil law and common law system on one side and the legal families that are part of the same legal system, either “Civil” or “Common,” on the other side. The Europeanization of law refers to the communization of the law by EU institutions and to a process that aims at creating a common Europe legal system. In the end, either in medium or long term, the Europeanization is contributing to the so-called non-mandatory or soft harmonization of private law. It is in the best interest of the EU to seek adequate judicial instruments to accommodate the massive numbers of laws deriving from different Civil Law and the Common law systems.
format article
author Enkeleda Olldashi
author_facet Enkeleda Olldashi
author_sort Enkeleda Olldashi
title The phenomenon of translatability in the Europeanization of the Law
title_short The phenomenon of translatability in the Europeanization of the Law
title_full The phenomenon of translatability in the Europeanization of the Law
title_fullStr The phenomenon of translatability in the Europeanization of the Law
title_full_unstemmed The phenomenon of translatability in the Europeanization of the Law
title_sort phenomenon of translatability in the europeanization of the law
publisher Academicus
publishDate 2013
url https://doaj.org/article/90ea903db5854d6fbec078cbfefe79a7
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