intérêt d'agir v qualité pour agir

English translation: interest-based standing vs. capacity to act

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:intérêt d'agir v qualité pour agir
English translation:interest-based standing vs. capacity to act
Entered by: Adrian MM.

08:58 Nov 24, 2019
French to English translations [PRO]
Law/Patents - Real Estate / Court case
French term or phrase: intérêt d'agir v qualité pour agir
"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
Jack Dunwell
France
Local time: 03:05
(objective) interest-based locus standi vs. (subjective) capacity to act
Explanation:
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.)
Selected response from:

Adrian MM.
Austria
Grading comment
Thank you. The barrister team have insisted on "standing"
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2(objective) interest-based locus standi vs. (subjective) capacity to act
Adrian MM.
4interest in standing/question of standing
Cyril Tollari
4 -1interest in acting/capacity to act
philgoddard
2legal eligibility vs legal capability (qualification)
Pavel Altukhov


Discussion entries: 4





  

Answers


12 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
interest in standing/question of standing


Explanation:
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/

Cyril Tollari
France
Local time: 03:05
Specializes in field
Native speaker of: Native in FrenchFrench
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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
intérêt d\'agir v qualité pour agir
(objective) interest-based locus standi vs. (subjective) capacity to act


Explanation:
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/3915...
    Reference: http://publiclawproject.org.uk/wp-content/uploads/data/resou...
Adrian MM.
Austria
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 74
Grading comment
Thank you. The barrister team have insisted on "standing"
Notes to answerer
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.

Asker: Chris...I have indeed and they are the single most positive response. Thank you.


Peer comments on this answer (and responses from the answerer)
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.
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3 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5
legal eligibility vs legal capability (qualification)


Explanation:
low...

Pavel Altukhov
Local time: 05:05
Native speaker of: Russian

Peer comments on this answer (and responses from the answerer)
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
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
interest in acting/capacity to act


Explanation:
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)
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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.

philgoddard
United States
Native speaker of: English
PRO pts in category: 110
Notes to answerer
Asker: Well I agree with your point AllegroTrans but surely you don't disagree with the proposed answer ?

Asker: 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 ?

Asker: I have been informed that "capacity to act" should be "standing" Might that be right?


Peer comments on this answer (and responses from the answerer)
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
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