LAW ON THE CROATIAN LANGUAGE: Linguists would change all foreign names of domestic companies

The government welcomes the initiative to adopt the law on the Croatian language and will propose its acceptance in the Croatian Parliament, tweeted Andrej Plenković last Friday after a working meeting with a delegation from Matica hrvatska.

The leader first wrote extensively about the endangered status of the Croatian language back in 2007 in the text ‘Last minute for the Croatian business language’. In the past sixteen years, the situation has drastically worsened. Globalization, in conjunction with technological development, has accelerated to such an extent that the Croatian language, even with more adept linguists, cannot keep up with all the innovations and invent adequate versions that would be easily acceptable and understandable to everyone. Therefore, the attempt to legally regulate some matters should be welcomed.

Linguists for rebranding

Matica has developed a Draft Law on the Public Use of the Croatian Language, but for the past year, this document has mostly been discussed as a great secret.

Although the text is somewhat hidden, it can be found on Matica’s website at the link https://www.matica.hr/media/uploads/obavijesti/2013/11/zakon_o_javnoj_uporabi_hrvatskoga_jezika.pdf. It consists of 27 articles on seven pages, totaling less than two pages of newspaper text. The draft stipulates that in business and professional communication conducted in the Republic of Croatia between Croatian or between Croatian and foreign legal and natural persons, the use of the Croatian language is mandatory, and that descriptions of goods and services and various accompanying documents must have a version in Croatian. Indeed, this is already stipulated by other regulations, but it is often not respected.

With all the caveats that this does not have to be either an official or final version, we have decided to analyze what such a provision would mean for the business community, primarily due to the most contentious provision, Article 22: ‘Legal entities registered before the entry into force of this Law, whose names are not in accordance with the Croatian language, are obliged within six months after the entry into force of this Law to align their registration with its provisions.’

This would mean that all companies with foreign names must rename themselves. However, the proposer further anticipates the exemption from paying any fee (for the Court Register) if only renaming is performed. Thus, it is not a direct cost, but it is a hassle. And, worse, for established companies, it requires complete rebranding.

Will Combis become Račpos?

The largest Croatian group, Energia naturalis, could come under the impact of the language law and become Prirodna energija. Combis is an abbreviation for computer business, so it could become Račpos (računalno poslovanje). Adria Oil could become Jadranska nafta, and Croatia Airlines – HZK (Hrvatska zrakoplovna kompanija). Tommy could also be questionable, as the nickname of the founder Tomislav Mamić does not sound Croatian at all. Croatia osiguranje could also be delatinized to Hrvatska osiguranje. Who knows what will happen with Pevex, Atlantic, King ICT… and a number of other known and unknown heroes of the Croatian business scene.

I have not taken into account companies operating within foreign multinationals. Perhaps linguists would like to rename Coca-Cola (which could escape because it is a protected brand), Lidl (if it were not a surname), or Kaufland (Land of Shopping would sound very Croatian). However, given the pragmatism of this government and the avoidance of international conflicts, foreigners will almost certainly be exempted. However, according to Matica’s proposal, the Croatianization will also affect all state and public institutions, as well as the names of cultural, sports, entertainment, and other events. Will the recently held WRC Croatia Rally change its name following this provision? And what will happen with the cycling race CRO Race?

For an opinion, we asked Lider’s legal expert Stjepan Lovića, a lawyer from the Grubišić & Lović & Lalić Law Firm. He pointed out that such a provision would be contrary to the Companies Act, which stipulates that the indication of the name of a company must be in the Croatian language and Latin script or in the official language of an EU member state and in Latin script. This is, Lović explains, part of the legal acquis of the European Union, which Croatia accepted before joining the EU, and thus amended the Companies Act (Article 20).

Lović thus claims that the provision of Article 22 of the Draft Law on the Public Use of the Croatian Language is not in accordance with the legal acquis of the EU, which is why it should not be accepted. However, in the event that this provision is accepted in the Parliament, according to the principle lex posterior derogat lex priori (the later law repeals the earlier law), many problems would arise with aligning the company names with the mentioned provision, concludes Lović.

English language classes remain

Company names are not the only issue raised by the language law. In discussions over the past months, the possibility of banning instruction at universities, high schools, and primary schools exclusively in English has been mentioned. Linguists argue that the competencies of students would not be endangered if instruction were conducted in a combination of Croatian and English. However, this would practically close the possibility for foreign students to study in Croatia.

Lović explains that this draft law stipulates the official use of the Croatian language, but that it does not prevent instruction in a foreign language because, for example, the Law on Higher Education and Scientific Activity provides for the possibility of conducting classes in a foreign language if this is specified in the study program and if that study program is approved. The possibility of conducting classes in a foreign language is also provided by the Law on Education in Primary and Secondary Schools. And this proposal for a law specifically indicates this situation/exception in Article 10 under the wording ‘(…) except in cases where otherwise determined by valid regulations’, concludes Lović.

Penalties are also foreseen: 664 – 1327 euros for individuals and responsible persons and ten times more for companies.

The draft law, of course, stipulates the use of the Croatian language in all media, including all radio, television, and online programs, which must translate foreign content. Foreigners are also obliged to translate press conferences into Croatian. However, Matica’s document does not mention websites. Some domestic companies, namely, are oriented exclusively towards foreign markets and communicate exclusively in English (and some other foreign languages) on the web. According to Lović’s opinion, the Draft Law does not encroach in any part on the way domestic companies publish content on their websites.

So at least in this version of the Draft, until linguists think of that segment.