Transparency and Clear Legal Language in the European Union: Ambiguous Legislative Texts, Laconic Pronouncements and the Credibility of the Judicial System

Abstract

Abstract The legal system of the European Union generates particular problems of opacity and lack of clarity. This chapter seeks to identify some of the causes of those problems. First, the nature of the texts with which the Court of Justice deals—’Union legislation’, orders for references from national courts and submissions to the Court—is examined. Problems here include the multi-lingual and multi-cultural backgrounds of those involved in the process, vagueness in legislative drafting and lack of clarity in references and submissions placed before the Court. Secondly, the Court’s own judgments and the opinions of its Advocates General are considered. Problems here include the factors governing the drafting of a single consensus judgment and the fact that it is not always easy to strike the correct balance between speed and quality. Lastly, a number of suggestions for change are offered. The obstacles are not insuperable and improvements can be made.