Jeana Sharankova: "Semiotic Aspects of the Transformation of Legal Systems"


Beyond any doubt, the interaction between these two proves productive in the social realm __ good examples present the areas of defense, cultural heritage, public health, and environment. But in law as such, the emergence of new phenomena always bears the risk that the transformation of two conflicting legal orders will halt on the level of correspondence, reconciliation, without evolving to a new phenomenon. I offer as a topic for discussion, whether to pursue of politically and socially justifiable strategy __ to achieve legal balance as Ideal of the legal order, or along with that to create a new phenomenon which aside from everything else is a challenge for the legal theoretical thinking.

If in practice this is evaluated positively, is it the same when the phenomenon acquis communautaire is minimized at the expense of the multiplication of acquis: EU-Acquis "Justice and Home Affairs," Schengen-Acquis etc.? As is known, the impact of acquis communautaire on national law requires a transformation of national legislation. The multiplication of a large number of acquis as new legal systems of interstate cooperation as a result of the semiosis of legal communication is also under the impact of and is a continuation of the trend started by the unique phenomenon of legal system: acquis communautaire. However, the dominant of acquis communautaire decreases under the influence of this new dominants __ new kinds of acquis, the strength of the European Union and the individual Member-state, the need for preserving a common language of understanding with other subjects of international law etc.

Thus for example, the relation "national _ community" interacts with the relation "national _ international" and with the relation "international _ national _ community". This mutual dependence lowers the degree of transformation (as an absolute value) in favour of close parallelism. The new discourses, including those with the associated countries of Central and Eastern Europe described in the series of Road Maps, the first White Paper and the ones following it, Accession Partnership, etc. should resemble written directives less and case-law more, which identifies positive law in the basic treaties.

The essential transformations are expressed in the achieved semantic diversions in situations of deliberation, which turn into cognitive diversions as well as the cognitive diversions in the same situations __ into semantic ones.

The semiosis of the transformations in law is a semantic interpenetration of separated and confronting semantic totalities which are of importance so long as it (the semiosis) follows the phenomenological principle of positional difference under the transmissions of significances, ensured by the rules of discourse and so long as the global interaction does not boil down to utilizing interdependence.

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AS/SA Nº 6/7, Article 7 : Page 10 / 11

© 1999, AS/SA

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