The language policy of the EU : a legal perspective

Abstract

It is not disputed that the variety of languages can be a cause of division as much as a cause for celebration of cultural richness. This holds true especially in Europe, a continent with experience of strong nationalism and struggle between nations continuously trying to impose themselves over each other. Language and language rights are often associated with allegiances overlapping with politics and self-determination, and this renders the issue even more sensitive. In Europe the relation between state and language is often very strong. This is one key reason why language policy on a European Union level has throughout the years been 'avoided' rather than tackled directly. As a matter of fact, on a continent where the tradition of 'one language, one state, one people' is so deeply entrenched, it is of essence for the future functioning of the Union, and to guarantee the exercise of rights of its citizens, to find a way through which linguistic communication is planned and regulated. This work consists of an evaluation of the language regime of the European Union and its legal effect on Member States and their citizens. Is it possible to maintain the concept of multilingualism? Will an eventually planned language policy for the EU affect the legal certainty of the citizen? How does it impact on domestic language policy at present? How does the European Court of Justice deal with questions of language? In order to avoid contradicting the basic principlesof multilingualism and respect for linguistic diversity through their lack of initiative, the EU institutions need to address these issues. In conclusion, my suggestions are particularly addressed to assure the legal certainty of citizens and to eliminate any linguistic disparity created through the unregulated use of more diffused languages such as English and French. This can be realised if the use of a lingua ftanca within the administrative context of the institutions is formalised through legislation and if the law applicable to the citizen remains available to him in his respective native language.