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The poor quality of EASA legal drafting

The fundamental Aim of EASA is to keep third rate lawyers in continual employment – They have done a good job.

I love 8,3333333333333333333333333333333 kHz !!! Sooo clever frequency management.
/Sam

SAP = Stops All Progress

If you work as an SAP consultant for a living and have to struggle with the abysmal quality of translation of SAP products, you soon come to find EASA legal texts to be extremely well-written and translated.

Examples that spring to my mind from the past weeks: A drop-down field labeled “Status”. The input options were “Hamburg, Niedersachsen, Bayern, …….”.

Translating “Clean up of stage definition” as “Definition der Bereinigungsstufe”. I mean, how can this even happen?

Hungriger Wolf (EDHF), Germany

Perhaps all / some of us here should apply for these translator jobs and then quietly rewrite the regs…….. Subversion, my friends, subversion!

ZE DREM VIL FINALI COM TRU!

Ops, zer vas somzing zat vas not speled kvait rait. Vas I zi onli wun to notis zat? Kom?

In the Danish version of EASA-OPS, it is it stated that a qualified person should be at the controls of a helicopter, whenever electricity is applied to the rotor. Obviously because “power” can be used to mean “electricity”, and because the person who translated it from English “power” did not have a clue what it was all about. And neither did the proofreader, apparently.

Last Edited by huv at 09 Jan 22:33
huv
EKRK, Denmark

All EU legislation is ultimately interpreted by the national cours, subject to the points of law which get referred to the European Court. This means that English rule sof jurisprudence and statutory interpretation apply. In recent years the courts have moved away from the literal interpretation to a purposive approach, i.e. an interpretation which is consistent with the purpose behind the rule. That in itself can be difficult when that approach admits of two or more interpretations. When it comes to prosecutions, there is a more stict interpretation and doubt resolved in favour of a defendant.

The EU wider problem is the democratic deficit, meaning that the legislators are too remote from the people they represent. When other courtries are devolving powers to their regions, it is bizzare that in Euroland they cling to the centralist beliefs of 50+ years ago. There is arguably no fix for this other than removing those powers and the decision making back to where they belong.

Did they ever? Ian Weston was on the DfT payroll even though nominally inside the CAA.

Last Edited by Peter at 09 Jan 16:35
Administrator
Shoreham EGKA, United Kingdom

Most of Europe don’t take any notice of this stuff so why soud they care. At best its more work for lawyers. Rumour has it that the proposed removal of the “S” from EASA is due to the confusion with the word “Shyster”

A Shyster is a slang word for someone who acts in a disreputable, unethical, or unscrupulous way, especially in the practice of law, politics or business.

I doubt it is going to happen for a long time because the UK CAA is reluctant to prosecute anybody

May explain why the CAA no longer has a Head of Air Regulation Enforcement!

Some of it has to do with language and translation problems.
I saw one place EASA was looking for people with aviation expirience to help with translations because of this.
Best thing would be to create all the laws in one language and then have that as the only legal language and have everything else as non legal translations (as if that will ever happen…).
Could be English with a twist:

The European Commission

The European Commission has announced an agreement whereby English will be the official language of the EU, rather than German, which was the other contender. Her Majesty’s Government conceded that English spelling had room for improvement and has therefore accepted a five-year phasing in of “Euro-English”.

In the first year, “s” will replace the soft “c”. Sertainly, this will make sivil servants jump for joy. The hard “c” will be dropped in favour of the “k”, Which should klear up some konfusion and allow one key less on keyboards.

There will be growing publik enthusiasm in the sekond year, when the troublesome “ph” will be replaced with “f”, making words like “fotograf” 20% shorter.

In the third year, publik akseptanse of the new spelling kan be expekted to reach the stage where more komplikated changes are possible. Governments will enkourage the removal of double letters which have always ben a deterent to akurate speling. Also, al wil agre that the horible mes of the silent “e” is disgrasful.

By the fourth yer, peopl wil be reseptiv to steps such as replasing “th” with “z” and “w” with “v”.

During ze fifz yer, ze unesesary “o” kan be dropd from vords kontaining “ou” and similar changes vud of kors be aplid to ozer kombinations of leters. After zis fifz yer, ve vil hav a reli sensibl riten styl. Zer vil be no mor trubls or difikultis and everivun vil find it ezi to understand ech ozer. ZE DREM VIL FINALI COM TRU!

Herr Schmidt

pmh
ekbr ekbi, Denmark
11 Posts
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