en vía contenciosos-administrativa

English translation: in administrative court proceedings

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:en vía contenciosos-administrativa
English translation:in administrative court proceedings
Entered by: Ruth Ramsey

22:28 Feb 24, 2018
Spanish to English translations [PRO]
Law/Patents - Law (general) / Fee Proposal
Spanish term or phrase: en vía contenciosos-administrativa
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?...
Ruth Ramsey
United Kingdom
Local time: 06:10
in administrative court proceedings
Explanation:
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...
Selected response from:

Rebecca Jowers
Spain
Local time: 07:10
Grading comment
Many thanks Rebecca! This is what I went with. I also included the Spanish name of the procedure in brackets.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +1in administrative court proceedings
Rebecca Jowers
Summary of reference entries provided
Helena Chavarria
Charles Davis

  

Answers


11 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
in administrative court proceedings


Explanation:
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.

--------------------------------------------------
Note added at 11 hrs (2018-02-25 10:14:34 GMT)
--------------------------------------------------

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...

Rebecca Jowers
Spain
Local time: 07:10
Meets criteria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 2222
Grading comment
Many thanks Rebecca! This is what I went with. I also included the Spanish name of the procedure in brackets.
Notes to answerer
Asker: Thanks Rebecca.


Peer comments on this answer (and responses from the answerer)
agree  Charles Davis: As I've said, I agree with this approach
12 hrs
  -> Thanks, Charles
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Reference comments


2 hrs
Reference

Reference information:
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...

Helena Chavarria
Spain
Meets criteria
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 373
Note to reference poster
Asker: Thanks for your input, Helena.

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2 hrs
Reference

Reference information:
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.

Charles Davis
Spain
Does not meet criteria
Native speaker of: English
PRO pts in category: 1379
Note to reference poster
Asker: Thanks Charles. Is it ok to translate "vía económico-adminstrativa" literally?

Asker: Thanks for the information you provided too, Charles. It was helpful.

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