Glossary entry

Spanish term or phrase:

en vía contenciosos-administrativa

English translation:

in administrative court proceedings

Added to glossary by Ruth Ramsey
Feb 24, 2018 22:28
6 yrs ago
58 viewers *
Spanish term

en vía contenciosos-administrativa

Spanish to English Law/Patents Law (general) Fee Proposal
Is anyone able to confirm whether it is acceptable to use the term "contentious-administrative" in English or whether it's best to just refer to the "administrative law courts"?

Please note that "el Tribunal Económico-Administrativo" and "recursos de alzada" are also used within the same document.

Many thanks in advance for your assistance.

"Asismismo, tampoco incluyen la representación procesal en vía contencioso-administrative, que deberá ser ostentada por Procurador tal como exige la Ley Reguladora de la Jurisdicción Contenciosos-Administrativa ni las tasas judiciales que fueran exigibles."


https://www.translatorscafe.com/tcterms/en-US/question.aspx?...
Proposed translations (English)
5 +1 in administrative court proceedings

Proposed translations

+1
11 hrs
Selected

in administrative court proceedings

For all practical purposes, in your text and usually in this context in general, "en vía contencioso-administrativa" means "in administrative court proceedings." Charles has already provided references that I've offered in previous discussions concerning this term. Since in Spain non-judicial appeals may be lodged against the decisions of governmental agencies (called "recursos administrativos"), "contencioso-administrativo" is used to distinguish proceedings brought before the administrative courts.

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Note added at 11 hrs (2018-02-25 10:14:34 GMT)
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For options as to how to translate "Tribunal Económico-Administrativo":

https://www.proz.com/kudoz/spanish_to_english/law_general/12...

https://www.proz.com/kudoz/spanish_to_english/law_taxation_c...

https://www.proz.com/kudoz/spanish_to_english/law_general/28...
Note from asker:
Thanks Rebecca.
Peer comment(s):

agree Charles Davis : As I've said, I agree with this approach
12 hrs
Thanks, Charles
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Many thanks Rebecca! This is what I went with. I also included the Spanish name of the procedure in brackets."

Reference comments

2 hrs
Reference:

It's what I always use.

https://www.proz.com/kudoz/spanish_to_english/education_peda...

https://www.proz.com/kudoz/spanish_to_english/law_general/29...

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Note added at 2 hrs (2018-02-25 00:51:23 GMT)
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Contentious Adminstrative Court

The Chamber of Contentious Administrative Matters is the supervising organ of public administrations in the Madrid region. It is aware of the appeals relating to the actions of local and autonomic entities, the appeals lodged against the resolutions of the courts of contentious matters, and the questions of jurisdiction amongst those courts.
Given its broad jurisdiction and functions, it is the busiest Chamber in the whole of Spain. It is made up of fifty five magistrates in active service, divided into ten sections, and it is situated in General Castaños nº 1

http://www.poderjudicial.es/cgpj/en/Judiciary/High-Courts-of...
Note from asker:
Thanks for your input, Helena.
Something went wrong...
2 hrs
Reference:

I don't think "contentious administrative" is actually wrong. You could say "contentious administrative judicial proceedings" if you like. It is possible to have non-contentious administrative judicial proceedings (e.g. judicial review). And certainly many people use it, though I have the impression that in most cases they are simply calquing the Spanish without really thinking about why they're including "contentious" and indeed what "contencioso" actually means. I think "contentious" is redundant and unnatural here and I use just "administrative courts" and "administrative judicial proceedings". In this I agree with Rebecca Jowers:

"I know that "contentious-administrative jurisdiction" may be a good literal rendering of this expression, but I believe that the equivalent term in Anglo-American jurisdictions that have administrative courts is simply "administrative jurisdiction.""
Numerous supporting examples
https://www.proz.com/kudoz/spanish_to_english/law_contracts/...

"Some translators believe that the contencioso in recurso contencioso-administrativo has to be translated literally, but this term merely indicates that the appeal is to an administrative court (juzgado contencioso-administrativo), distinguishing it from a recurso admininistrativo, which is a (non-judicial) appeal to the administrative authorities. All appeals filed in administrative courts are by definition “administrative appeals”."
https://signsandsymptomsoftranslation.com/2017/06/30/legales...

https://www.proz.com/kudoz/spanish_to_english/law_patents_tr...


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Note added at 2 hrs (2018-02-25 01:21:41 GMT)
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Administrative courts are by definition "contencioso-administrativos"; that's why "contencioso" is redundant and (IMO) better omitted.

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Note added at 23 hrs (2018-02-25 22:16:23 GMT)
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Hi Ruth. I think a literal translation is unsuitable and would sound pretty odd. I would go with one of Rebecca's option.
Note from asker:
Thanks Charles. Is it ok to translate "vía económico-adminstrativa" literally?
Thanks for the information you provided too, Charles. It was helpful.
Something went wrong...
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