The linguistic policy of the EU institutions and political participation post-Lisbon

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Series Details Vol.41, No.2, April 2016, p176-200
Publication Date April 2016
ISSN 0307-5400
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Publishers Abstract
This article assesses how the Lisbon Treaty poses additional obligations on EU institutions vis-à-vis their linguistic policy, and thus makes a contribution to the debate on a more robust political EU citizenship and the interconnected aim of increasing participation in the EU.

More specifically, this contribution seeks to answer this question: EU citizens and residents are encouraged, post-Lisbon, to participate—but in which language?

The article first analyses the applicable legal framework and, in particular, the 'Provisions on democratic principles', the legally binding Charter of Fundamental Rights (including the principle of linguistic diversity and the right to good administration), as well as the national identity clause.

Secondly, it argues that these provisions entail that the Court of Justice of the EU should apply a more rigorous (i.e. 'less restrictive alternatives') proportionality test, with a view to restricting the EU institutions’ leeway when the latter are evading multilingualism on the basis of considerations related to resources and efficiency.

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Sweet and Maxwell: European Law Review
ESO: Background information: Case C-361/01 P, Kik v. Office for Harmonization in the Internal Market (Trade Marks and Designs), (Kik IV)

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