Thalia Kruger

Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium. First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries. It is difficult to argue that one always has a right to use his or her own language. However, the use of language has clear links to constitutional rights such as the right to a fair trial. The authors then consider the rules on the use of languages in court generally and in criminal proceedings particularly. Belgium has strict rules on the use of language, and these rules are based on strong principles of territoriality and monolingualism. South Africa, on the other hand, has 11 official languages, not linked to territories, but in practice these languages do not all enjoy the same protection. The pragmatic approach by the South African courts is indicated with reference to the case law.

Dual nationality = double trouble?

A Honduran woman and a Belgian man work and live together in Spain. In order to be close to her family, the woman decides to return to Honduras for the birth of their first child. The birth certificate drawn up in Honduras contains a double surname for the child (made up of the surname of the father and the first part of the surname of the mother). The passport issued by the authorities of Honduras contains the same double surname. On the childs Belgian passport, on the other hand, he has only the fathers surname. This childs dual nationality has provided him with two passports; two passports reveal a dual identity. Dual nationality = double trouble?

Civil Jurisdiction and the Issue of Legislating for the EU

The Regulation on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters such as the Brussels Regulation I, one of the central pieces of European Union (EU) legislation in the field of civil law is discussed. The key aspects and features of the Hess-Pfeiffer-Schlosser report regarding the Brussels Regulation I are highlighted.

Brussels II bis: successes and suggested improvements

EU Regulation 2201/2003 (Brussels II bis) has been in force for ten years. As we celebrate this birthday, the EU legislator has commenced the review procedure. This article reviews the Regulation critically and suggests improvements. The discussion includes the rules on matrimonial matters and those on parental responsibility. Our suggested improvements take the form of proposed provisions for the legislator.