The Peculiarities of Charter Structure and Terminology on the European Charter of Local Self-Government

Abstract

Like similar texts, the charter has an introduction called a preamble in jurisprudence. In law, it has the same function as the prologue in literature or the overture in ballet. The preamble, or foreword, provides an opportunity for a statement of the basic premises underlying the Charter. The Charter has its own terminology appropriate to its style; for example, this Charter is comprised of parts and not chapters. Charters use the terms “article” and not “clause” because the former is a legal term while the latter is a legislative term. The terms “by statute” and “by law” are also important based on their content, as the first one is used in Civil Law, whereas the second one is used in Common Law.

Essential terms such as “notion of ability,” “under their responsibility,” “local affairs,” “own affairs,” “counterparts,” and “provisions” are to be understood for the purpose of the charter because they have different definitions in Law as compared to in colloquial language. The terms “considering that,” “convinced that,” “aware that” and “asserting that” have transitional functions and are often used in the charter.

Legal texts are full of archaisms, which is why the following archaic words are often used: “hereto,” “thereto,” “whereof,” “insofar as,” and ”shall.”

As for grammar constructions, the “to be + infinitive with to” structure is often used because of the nature of the Law, as it is used to deliver the coercion or obligation which is so characteristic of Law. Synonymous phrases “enter into force” and “become effective” bear highlighting because they are translated with the same phrase in Georgian translation; however, there might be different collocations for more diversity and accuracy.