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Vêture
anisotension 17 bras D 14 bras G TA 93 AA

Glossary entry

French term or phrase:

intérêt d'agir v qualité pour agir

English translation:

interest-based standing vs. capacity to act

Added to glossary by Adrian MM.
Nov 24, 2019 08:58
4 yrs ago
20 viewers *
French term

intérêt d'agir v qualité pour agir

French to English Law/Patents Real Estate Court case
"Quant aux arguments des requérantes....ils ne sont pas pertinents dans le cadre de l'analyse relative à l'intérêt d'agir dans la mesure ou ils ont trait à la question de la qualité pour agir".....I have used "capacity" to act throughout for "intérêt" some 27 times and I come to the final page and Bang the court is introducing "capacité- and defining it separately. I suppose an "interest in acting" results in "capacity to act"...is that how I should treat it? I have an end-of-term feeling with "not yet, not yet" undertones
Proposed translations (English)
4 +2 (objective) interest-based locus standi vs. (subjective) capacity to act
4 interest in standing/question of standing
4 -1 interest in acting/capacity to act
2 legal eligibility vs legal capability (qualification)
Change log

Nov 29, 2019 08:10: Adrian MM. Created KOG entry

Discussion

AllegroTrans Nov 25, 2019:
Another exanple intérêt d'agir - you are simply a disgruntled member of the public (not my next dooe neighbour) and you don't like the look of my new house extension - you have no locus standi
qualité pour agir - you are a dog (i.e. not a human) - you cannot sue or be sued
As Daryo says, the two concepts are standalone
Jack Dunwell (asker) Nov 24, 2019:
Thanks Dario !
Daryo Nov 24, 2019:
No it doesn't I suppose an "interest in acting" results in "capacity to act"

not quite - in fact, that would a rather novel legal doctrine. The two are disconnected. Just an example:

someone in the house next door is a total nuisance to you=> you definitely have "intérêt d'agir" (implied: the "action" is a legal action)

but tough luck you are, say, still minor (or for any other reason courts simply won't listen to you AT ALL) => you don't have "qualité pour agir".
Jack Dunwell (asker) Nov 24, 2019:
Cornu OK Cornu cross references the two. I am treating the two distinctly. as "interest in acting" and "capacity to act". I suppose the first results in the second.

Proposed translations

+2
2 hrs
French term (edited): intérêt d\'agir v qualité pour agir
Selected

(objective) interest-based locus standi vs. (subjective) capacity to act

A good idea might be to take a look at the qualifications in the UK for bringing an application for judicial review - alternatively for a vaguely similar 'recurso de amparo' in Latin America ('protection from public body oppression in Uruguay etc.)
Reference:

http://www.proz.com/kudoz/french-to-english/law-general/3915119-faute-dint%C3%A9r%C3%AAt-%C3%A0-agir-au-jour.html

http://publiclawproject.org.uk/wp-content/uploads/data/resources/6/PLP_Short_Guide_3_1305.pdf

Note from asker:
This is under European legislation relating to a challenge by the Netherlands and Germany with the individual provinces as intervenors of a decision not to give subsidies to privately owned businesses. In this case the court found a lack of capacity to act by the provinces.
Chris...I have indeed and they are the single most positive response. Thank you.
Peer comment(s):
agree AllegroTrans : Yes, and I don't think we can avoid the Latin expression here; I wonder if asker has looked at EN translations of some ECJ judgments to see what is used
2 hrs
Thanks. OK locus standi goes to standing, except arguably overlaps with capacity. I am afraid I had not been astute to the German or Dutch/ Netherlands connection, but feel the pith of the answer is still usable therefor / for the dual purpose.
agree Ben Gaia
1 day 13 hrs
Merci and thanks.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thank you. The barrister team have insisted on "standing""
12 mins

interest in standing/question of standing

In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues.


C. The question of standing
C. Qualité pour agir
https://www.courtsnb-coursnb.ca/content/dam/courts/pdf/appea...


Intérêt d'agir
Interest in standing
http://www.bcrb.bc.ca/dec027.html
https://www.fauxamis.fr/2013/02/
Something went wrong...
3 hrs

legal eligibility vs legal capability (qualification)

low...
Peer comment(s):
agree philgoddard
1 hr
disagree AllegroTrans : These "plain" words don't convey the concrete legal, specific meaning which is clearly needed in this context
4 days
Something went wrong...
-1
4 hrs

interest in acting/capacity to act

There's no need to dress it up in Latin. You might as well produce a document that anyone can understand, rather than only lawyers.

--------------------------------------------------
Note added at 4 hrs (2019-11-24 13:47:11 GMT)
--------------------------------------------------

Interest means you must have an involvement in the action - you can't be an unconnected third party. And capacity means you must be able to act, so for example you must be of legal age.
Note from asker:
Well I agree with your point AllegroTrans but surely you don't disagree with the proposed answer ?
Daryo "criterion" ? Generally In Wydick's Plaik English for Lawyers, he suggests that, for example if we would not say "Pass the said turkey" at the dinner table we shouldn't do it in drafting legal docs...and then again the case in Abergavenny of buying an ancient ram which was not up to it.....Judge "Hasn't your client heard of Caveat Emptor" "My Lord in the Valleys they speak of little else" So is there any chance of leaving the comments and "agreeing", gentlemen ?
I have been informed that "capacity to act" should be "standing" Might that be right?
Peer comment(s):
disagree AllegroTrans : Latin in this context is not "dressing up" - it's a standard, widely used legal expression which you will see if you google it.
3 hrs
disagree Daryo : "a document that anyone can understand, rather than only lawyers" is not a valid criteria for legalese, nor any other specialised "trade jargon" ... plenty of damn good reasons for that!
9 hrs
agree Ben Gaia
1 day 11 hrs
Something went wrong...
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