Glossary entry (derived from question below)
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.
Proposed translations
(English)
3 +1 | as a first tier; as a first-level adjudicator | Adrian MM. |
4 +1 | as first instance | Deane Goltermann |
5 | initial review body | Charlesp |
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.
--------------------------------------------------
Note added at 1 hr (2019-11-20 18:53:30 GMT)
--------------------------------------------------
Without wishing to undermine my own answer, adjudicator needs to be watched for UK consumption as adjudication (in bankruptcy) doubles as sn insolvency process.
--------------------------------------------------
Note added at 1 hr (2019-11-20 18:53:30 GMT)
--------------------------------------------------
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! |
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.
--------------------------------------------------
Note added at 2 days 4 hrs (2019-11-22 22:23:55 GMT)
--------------------------------------------------
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?
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.
--------------------------------------------------
Note added at 2 days 4 hrs (2019-11-22 22:23:55 GMT)
--------------------------------------------------
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. ;-) |
3 days 21 hrs
initial review body
I would suggest consider "initial review body" - if it fits your particular context.
Discussion
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...
https://www.eca.europa.eu/Other publications/EN_TERMINOLOGY_...
And I am way, way to the left of Judge Posner. :-)
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.
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.
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!
"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.