https://www.proz.com/kudoz/french-to-english/law-general/2511119-moyens-articul%25C3%25A9s-contre.html

Glossary entry

French term or phrase:

moyens articulés contre

English translation:

claims (OR grounds) raised, expressed, enumerated OR submitted

Added to glossary by Catherine Gorton
Apr 2, 2008 15:04
16 yrs ago
French term

moyens articulés contre

French to English Law/Patents Law (general) article on beach concessions in France
Hi everyone, I am not sure how to translate "moyens articulés contre" in the following article referring to an appeal against a recent French decree regarding concessions for installations and equipment on beaches in France. The decree restricts business on beaches as installations can no longer be used for more than 6 months per year and must be removed from the beach after the end of the 6 month concession period ... hence the appeal from people eerning their living from the beach (shop owners, beach restaurants...) against this decree which does not define what is a beach and obliges to dismantle all installations every 6 months.

"Cette évolution se déroule alors même que le Conseil d’Etat était saisi d’un recours contre le décret du 25 mai 2006 et qu’il n’existerait selon l’administration aucune définition de la plage en France.
Cependant le recours a toutes les chances d’être rejeté puisqu’à l’audience du 21 mars 2008 le Commissaire du Gouvernement a conclu au rejet de l’ensemble des *** moyens articulés contre *** ce décret."

As I understand it, it means something like the grounds formulated/expressed against the decree but maybe someone has a better translation. Thanks in advance.

Proposed translations

+2
6 hrs
Selected

raised, expressed, enumerated

I'm not sure the French is logico-syntactically correct. IOW, can one "articuler un moyen"??

Remember the meaning of "articuler" not as "hinge" but "speak", "pronounce", "express", "articulate", hence "raise".

And Lexis additionally explains:
articulation ... 2. Dr. Enumération écrite des fait au cours d'un procès : 'Articulation des griefs'
Peer comment(s):

agree Aude Sylvain : yes - "claims/grounds raised, expressed, enumerated", or "submitted - "Articuler" can also mean something like "organize together", "combine", "link" (same idea as the elbow: *articulation* between arm and forearm). This is the idea here.
3 hrs
agree Clair Pickworth
9 hrs
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4 KudoZ points awarded for this answer. Comment: "Hi everyone, thanks to all of you for your answers and comments!!! I appreciated your help. It looks that my first translation at the end of the question wasn't that bad after all... "
+1
30 mins

measures of appeal lodged / filed against

suggestion
with a little help of a legal dictionary :)
Peer comment(s):

agree schevallier
50 mins
merci :))
neutral Aude Sylvain : en l'espèce il s'agit d'un recours administratif (contre un décret), "appeal" me semble s'appliquer uniquement à un recours déposé contre la décision d'une juridiction. C'est le cas en Français ("appel")...
9 hrs
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43 mins

storm of protest

in view of the vehement storm of protest against this decree . OR: in view of the protest triggered by this decree. (this is of course a free translation)
Peer comment(s):

neutral Aude Sylvain : "moyens" means that the protest has "matured" into a formal and official procedure, hence using "protest" here may be misleading I think. E.g. could mean strikes, negative media campaign...
9 hrs
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1 hr

forms of protest and appeal mobilised against ...

It seems as though you do not need to use legalistic language as it is a report (in a journal?). Amazing really that they can bulldoze this through without bothering to define what a beach is!

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Note added at 6 hrs (2008-04-02 21:09:37 GMT)
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Thanks for the extra info. However, even lawyers need to sometimes use ordinary language rather than jargon, for the sake of being able to communicate. One needs to ask: a) whether or not the original French phrase is legal jargon rather than plain, meaningful language; b) whether it is best translated in meaningful language rather than jargon.

I'd answer: a) no, b) yes. So you really don't have to search for legalese when this is a comment on a bit of politicking which will have consequences in (among others) the sense of providing some employment and money for bored, impecunious lawyers.

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Note added at 6 hrs (2008-04-02 21:11:01 GMT)
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Could this be applied to beaches around inland lakes, or even sandy banks on rivers? How about Paris Plage?
Note from asker:
Hi, actually as this is a magazine written by a lawyer for other lawyers in the world interested in the concessions and public service delegations systems I'd rather stick to legalese... but you couldn't know this before, sorry I didn't precise it previously! Yes, regarding the decree it is incredible that it doesn't define what is a beach but when a French member of Parliament asked the Minister how to implement the decree without such a definition the Minister still didn't provide any definition... This is going to be such a mess as they have to keep a certain surface of the beach free from any equipment or installations but if you don't have a precise definition of the beach then you can pretty much expect that in all municipalities there will be fights over the surface allowed!!!
Hi as far as I know the decree applies to beaches on the maritime public domain hence on the seaside.
Peer comment(s):

neutral Aude Sylvain : In my view (as a lawyer :) ) , "moyens articulés contre" is legal jargon, isn't it?
8 hrs
Perhaps you're right there, I was reading it as (reasonably precise) normal language. However, if "moyens" has a **different** meaning in legalese from it's normal meaning, then I stand corrected.
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