Original scientific paper
EU Citizenship, Free Movement and the Use of Minority Languages in Court Proceedings
Martina Bajčić
orcid.org/0000-0003-0654-6779
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Adrijana Martinović
orcid.org/0000-0002-5182-6393
; Faculty of Law, University of Rijeka, Rijeka, Croatia
Abstract
This paper explores the impact of the case law of the Court of Justice of the European Union in the context of Union citizenship and internal market free movement law. The starting point is the jurisprudence of the Court of Justice on the right to use minority languages in court proceedings. According to the Court’s reasoning, this right should be extended to all mobile Union citizens on equal footing with nationals of the particular Member State granting that right to persons residing in a specific territorial entity of that State. The authors critically evaluate the legal basis of the Court’s approach, focusing on the interaction and mutual impact of internal market and citizenship case law. The paper further explores the national regulation of the right to use minority language in court proceedings, as well as the right to interpretation in criminal proceedings, and reveals possible inconsistencies with EU law. In addition, it investigates whether legislative interventions are needed and analyses theoretical and practical aspects of various potential de lege ferenda solutions.
Keywords
EU citizenship; free movement; internal market; minority languages; Directive 2010/64/EU
Hrčak ID:
176831
URI
Publication date:
6.3.2017.
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