Linguaggio processuale e tutela dei migranti. Appunti per una ricerca sul principio di ‘chiarezza linguistica’ nel processo civile.

The issue of the trial language may seem distant from the problems related to the protection of migrants. Nevertheless, it is obvious that a clear and technically appropriate legislative (or judicial) language can contribute to the simplification and certainty of the law in a very complex matter such as civil procedure and allow the user to understand it also (and especially) in cases where it is a question of providing, (not only) for migrants, effective protection of fundamental rights, such as citizenship, health and work. Language and linguistic technique are in fact fundamental not only from the point of view of the correct exercise of the legal and judicial professions, but also for all the other subjects involved in the trial. It must also be taken into account that procedural law is expressed through a specialized language, which appears more technical than the language of substantive law, which is also reflected in negotiating acts. The complexity of the rules and language of the trial is in fact the reason why, as a rule, the parties cannot act in court in person but must necessarily be represented by a lawyer provided with power of attorney; this is net of some exceptions, also present in the context of proceedings relating to the protection of migrants. Hence the need to deepen the relationship between the understanding of the procedural dimension of the protection of rights and the relationship between the procedural party / lawyer / judge in the perspective of a possibility of effective protection, paying particular attention also to the word of the procedural law to assess how (and to what extent) the migrant’s right to information can also be guaranteed through legal texts or judicial measures expressed in a language understandable by (also) migrants.