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moyens articulés contre

English translation: claims (OR grounds) raised, expressed, enumerated OR submitted

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:moyens articulés contre
English translation:claims (OR grounds) raised, expressed, enumerated OR submitted
Entered by: Catherine Gorton

15:04 Apr 2, 2008
French to English translations [PRO]
Law/Patents - Law (general) / article on beach concessions in France
French term or phrase: moyens articulés contre
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.
Catherine Gorton
Local time: 02:01
raised, expressed, enumerated
Explanation:
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'
Selected response from:

Bourth (X)
Local time: 03:01
Grading 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...
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2raised, expressed, enumerated
Bourth (X)
4 +1measures of appeal lodged / filed against
Zofia Wislocka
4storm of protest
Ellen Kraus
4forms of protest and appeal mobilised against ...
B D Finch


  

Answers


30 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
measures of appeal lodged / filed against


Explanation:
suggestion
with a little help of a legal dictionary :)

Zofia Wislocka
Local time: 03:01
Works in field
Native speaker of: Polish
PRO pts in category: 12

Peer comments on this answer (and responses from the answerer)
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
storm of protest


Explanation:
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)

Ellen Kraus
Austria
Local time: 03:01
Specializes in field
Native speaker of: Native in GermanGerman
PRO pts in category: 126

Peer comments on this answer (and responses from the answerer)
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   confidence: Answerer confidence 4/5Answerer confidence 4/5
forms of protest and appeal mobilised against ...


Explanation:
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!

--------------------------------------------------
Note added at 6 hrs (2008-04-02 21:09:37 GMT)
--------------------------------------------------

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.

--------------------------------------------------
Note added at 6 hrs (2008-04-02 21:11:01 GMT)
--------------------------------------------------

Could this be applied to beaches around inland lakes, or even sandy banks on rivers? How about Paris Plage?

B D Finch
France
Local time: 03:01
Works in field
Native speaker of: English
PRO pts in category: 509
Notes to answerer
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!!!

Asker: Hi as far as I know the decree applies to beaches on the maritime public domain hence on the seaside.


Peer comments on this answer (and responses from the answerer)
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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6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
raised, expressed, enumerated


Explanation:
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'

Bourth (X)
Local time: 03:01
Native speaker of: Native in EnglishEnglish
PRO pts in category: 254
Grading 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...

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