Glossary entry

Swedish term or phrase:

som första instans

English translation:

as first-tier adjudicator

Added to glossary by Charles Ek
Nov 20, 2019 17:41
4 yrs ago
3 viewers *
Swedish term

som första instans

Swedish to English Law/Patents Law (general)
The context here is strictly where an administrative body, NOT a court, is acting as "första instans". In this case, an agency is requesting that a matter be remanded to it for the determination of a penalty, in the event the court rules against it on a legal question. So "court of first impression" will not work here.

Discussion

Charles Ek (asker) Nov 25, 2019:
I was talking just yesterday with my wife about how the paucity of available words in Norwegian can lead to errors and missed nuances when translating into English.
Deane Goltermann Nov 25, 2019:
Legally required isn't really the right term ... ;-) but if you want folks to understand, that's another issue...
I still live on the kudoz question from a long while ago on a banking term... collectively we found separate terms -- from the BIS, from the World Bank, and from the EU all translated to the same Swe term... just sayin'.

'nough said about Posner then...
Charles Ek (asker) Nov 25, 2019:
If I am “legally required” to use EUspeak (which I most assuredly am not), then this giuy must be languishing in Jean Valjean’s former cell by now:

https://www.eca.europa.eu/Other publications/EN_TERMINOLOGY_...

And I am way, way to the left of Judge Posner. :-)
Deane Goltermann Nov 25, 2019:
Nice one... :-) Nothing against Posners in general, and especially not folks that 'done good.' This Posner, was certainly smart and could write well, just that with all his supposedly 'legal' arguments he always sided with the conservative/powerful/moneyed party. Personally I clerked on a case where he found for the anti-democratic/anti-union party bending laws to support his position. He couldn't find against UPS nor the Teamster for corrupt practices. Reagan appointee disqualifies him, but he was still light-years better than Kavanaugh or the other molester currently sitting on SCOTUS.

And yeah, IATE and other termbases do have holes, as do most things made by humans... But the EU is it's own jurisdiction and uses Eng as a primary language, so in things legal we have to respect that - whatever we feel about 'our' language.
Adrian MM. Nov 25, 2019:
Vladimir Posner Thanks, Deane, for the great points of 1) - the EU connection did not automatically occur to me, whilst I believe its terminology database of IATE is full of omissions, compared to and with the EEC hardbound glossaries 1985-1990 (esp. FRE/ENG), plus 'stewed 'wood' (inhouse EU translators moan about) of literal and pedestrian Eurospeak plus 2). I immediately warmed to the surname of Posner, namely the Americo-Russian journalist & broadcaster called Vladimir Posner, my idol and a reassuring 'Kremlin-approved' voice during Solidarity in Gdansk in 1982 ('no Red Army invasion of Poland') and East Germany in 1989 ('no invasion of the ex/GDR'). If brilliance runs in the family and I have read quite a few of Posner's (as well as Cardozo's) judgments - being eccentric and even insane in the London Appeal Court (no names mentioned, the English judge's brethren refused to let him step down) is no disqualification from the Bench in most countries - then I'm with Charles on this one.
Deane Goltermann Nov 25, 2019:
Two things 1) the EU is where Sweden is, so they use EU speak and you shouldn't really have anything to say about it. The English language is determined by those who use it, and, the 400+ million ppl (or their bureaucrats) need to use the language the same to understand each other and your client should have the same interest. With a friendly smile I'll say this isn't the north woods of New Hampshire. So legally, you're more obligated to use EUspeak than anything else when looking t what EU bureaucrats say.We can discuss theories of language some other time.
2) Richard Posner (who sat on the 7th Circuit Court -- based in Chicago, as you would know) was a crackpot -- something I learned in law school attended in ... Chicago working as a clerk on case he was hearing when he was the new guy appointed by none other than that brilliant liberal stalwart Ronald Reagan (and all that involves). Smart guy who really had weird ideas about law, but he had no idea about EU law, especially back then but he never really had anything to do with the EU.
Deane Goltermann Nov 22, 2019:
Yeah first instance, Chris!
Just looking at my answer and I still don't get how kudoz works. My first entry is the quote at the top from the reference linked at the bottom. Hope it works for you!
Christopher Schröder Nov 21, 2019:
Why not first instance?
Charles Ek (asker) Nov 20, 2019:
Yep:
"För det fall förvaltningsrätten bedömer att det inte är bruttoomsättningen som ska ligga till grund för beräkningen av sanktionsavgiften yrkar Spelinspektionen att målet ska återförvisas till myndigheten för att som första instans utreda och bedöma sanktionsavgiftens storlek."
In other words, the agency wants to hold onto the authority to make the initial decision and not surrender it to the court.
Deane Goltermann Nov 20, 2019:
What's the Swedish sentence And ur sure the Swedish agency writer is using the term correctly?

Proposed translations

+1
41 mins
Selected

as a first tier; as a first-level adjudicator

Adjudicator does not - in Anglo-Am law - necessarily imply as judicial body, but could connote a non-legal agency.

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Note added at 1 hr (2019-11-20 18:53:30 GMT)
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Without wishing to undermine my own answer, adjudicator needs to be watched for UK consumption as adjudication (in bankruptcy) doubles as sn insolvency process.
Example sentence:

Ask for permission to appeal the First-tier decision.

Note from asker:
I like the use of adjudicator, and it summons memories from my time as a lawyer practicing administrative law. Let me ruminate on it a bit.
If it's good enough for Judge Richard Posner, it's good enough for me. :-) http://tinyurl.com/tjuwqom Thanks again!
Peer comment(s):

agree SafeTex : yes
4 hrs
Tack, merci and thanks!
Something went wrong...
4 KudoZ points awarded for this answer.
+1
2 days 4 hrs

as first instance

This seems like it's EUspeak -- as in my reference

First instance decision means a decision granted by the respective authority acting as a first instance of the administrative/judicial asylum procedure in the receiving country.

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Note added at 2 days 4 hrs (2019-11-22 22:23:55 GMT)
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Another reference that's more general -- lots of reading but here's one bit - the call the administrative body 'first instance'

"In the Brussels Capital Region one can appeal against decisions relating to environmental permits taken in first instance by the Brussels Environmental Agency before the “Milieucollege / Collège de l’environnement” (Environmental Appeal Board) that is a kind of specialized Environmental Administrative Court"

Found at https://e-justice.europa.eu/content_access_to_justice_in_env...

Found a similar one for Greece, but not getting it for our favorite country -- maybe worth a look?
Note from asker:
Too much EUspeak for me. I'm skeptical (sceptical) of Belgians or anyone else resident in Brussels telling me how to write English. ;-)
Peer comment(s):

agree Charlesp
1 day 17 hrs
Something went wrong...
3 days 21 hrs

initial review body

I would suggest consider "initial review body" - if it fits your particular context.
Something went wrong...
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