législation d'ordre public

English translation: public policy legislation

11:31 Jul 19, 2018
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: législation d'ordre public
Court of Cassation pleadings.
"VI - XXX était donc en parfaite cohérence avec la législation d'ordre public applicable lorsqu'il soutenait que les parties au contrat de travail étaient convenues d'un salaire en euros, que c'est exclusivement à titre informatif que dans un unique article, ce salaire avait été mentionné en dollars, et qu'à défaut, la clause d'indexation du salaire sur le dollar était contraire aux dispositions d'ordre public de l'article L.l 12-2 du code monétaire et financier. "

"Ordre public" doesn't translate as "public order". My suggestion is "public policy legislation". Or possibly "public legislation". But what does that mean? Presumably the expression must be seeking to make a distinction with some other form of legislation... "private" legislation?
Mpoma
United Kingdom
Local time: 07:07
English translation:public policy legislation
Explanation:
Public policy is the means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.

In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.

If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy

Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.

Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.

Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.


https://study.com/academy/lesson/what-is-public-policy-defin...


Selected response from:

AllegroTrans
United Kingdom
Local time: 07:07
Grading comment
Thanks. Concur with your reading.
4 KudoZ points were awarded for this answer



Summary of answers provided
4public policy legislation
AllegroTrans
4 -1legislation for public raisons
Mohamed Hosni
3 -1public order legislation
mrrafe
Summary of reference entries provided
Définitions
mchd
What is public policy?
AllegroTrans

Discussion entries: 3





  

Answers


37 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
législation d\'ordre public
public order legislation


Explanation:
Legislation whose subject matter is public order cannot be abrogated by contract. Therefore, had the court found that the contract in this case was inconsistent with the public order legislation, the contract wouldn't have been enforceable. https://droit-finances.commentcamarche.com/faq/4253-ordre-pu...

--------------------------------------------------
Note added at 18 hrs (2018-07-20 05:58:42 GMT)
--------------------------------------------------

Sorry, I would like to retract this answer because, on further review of the Monetary & Financial Code, I think the source document must be referring to Article L112-2 of that code, which contains no reference to "public order" legislation as mentioned in the Code Civil. I was diverted by Art. VI of that code. I now agree that the pleading is invoking "public policy" aspects of L112-2 although I don't know exactly how to identify them.


mrrafe
United States
Local time: 02:07
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  Robin Levey
58 mins
  -> merci Robin but I've changed my answer.

neutral  Nikki Scott-Despaigne: I see it differently too now, particularly with reference to art. 6 of the CC.
3 hrs
  -> Merci Nikki but I've changed my answer.

neutral  AllegroTrans: The source text concerns employment contracts - these are not subject to public order, but (at least in UK legal parlance) to public policy
12 hrs
  -> OK thanks. In US, no such category of statute. And I've changed my answer because, although the Code Civil defines such a category, it doesn't cover the cited provisions of the Code Monetaire etc.

disagree  Daryo: literal translation won't work: "public order" is about forbidding riots etc in public spaces (="maintenir l'ordre") not much to do with "d'ordre public" as a type of laws, potentially about anything like employment, marriage, education ...
12 hrs
  -> Agreed, thanks, the cited Code Monetaire section is not such a statute and I've changed my answer..

disagree  Mohamed Hosni: No, it does not fits
3 days 9 hrs
Login to enter a peer comment (or grade)

1 day 7 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
public policy legislation


Explanation:
Public policy is the means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.

In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.

If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy

Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.

Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.

Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.


https://study.com/academy/lesson/what-is-public-policy-defin...




AllegroTrans
United Kingdom
Local time: 07:07
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1016
Grading comment
Thanks. Concur with your reading.

Peer comments on this answer (and responses from the answerer)
neutral  mrrafe: Maybe "public policy provisions," since the Code Monetaire section itself is "legislation." - Lawyer comprehension: am a lawyer and judge (retired) and would understand but would think the writer was clumsy
1 hr
  -> "Provisions" within legislation; I think it's splitting hairs as a lawyer reading my suggested term would understand what is meant

agree  Yvonne Gallagher
14 hrs
  -> thanks

disagree  Mohamed Hosni: No, it does not fits. Please read my suggestion in the context.
2 days 3 hrs
  -> Please explain why
Login to enter a peer comment (or grade)

2 days 8 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
legislation for public raisons


Explanation:
Hope it helps.

--------------------------------------------------
Note added at 2 days 8 hrs (2018-07-21 20:07:18 GMT)
--------------------------------------------------

legislation for public raisons or considerations.

--------------------------------------------------
Note added at 3 days 9 hrs (2018-07-22 20:50:45 GMT)
--------------------------------------------------

legislation for public reasons or considerations.

Mohamed Hosni
Morocco
Local time: 07:07
Native speaker of: Native in ArabicArabic

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: raisons? that is not an English word.
1 hr
  -> legislation for public reasons or considerations.

disagree  Kevin Oheix: Frenglish and does not fit the whole sentence.
2 hrs
  -> legislation for public reasons or considerations.
Login to enter a peer comment (or grade)




Reference comments


2 hrs peer agreement (net): +2
Reference: Définitions

Reference information:
https://www.dictionnaire-juridique.com/definition/ordre-publ...

https://www.sedlex.fr/fondamentaux/les-lois-dordre-public/

mchd
France
Specializes in field
Native speaker of: French

Peer comments on this reference comment (and responses from the reference poster)
agree  Nikki Scott-Despaigne: Yes, particularly the reference to art. 6 of the CC.
1 hr
  -> Merci
agree  Daryo
10 hrs
  -> Merci
Login to enter a peer comment (or grade)

12 hrs peer agreement (net): +3
Reference: What is public policy?

Reference information:
Public policy is the means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.

In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.

If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy

Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.

Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.

Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.


    https://study.com/academy/lesson/what-is-public-policy-definition-types-process-examples.html
AllegroTrans
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1016
Note to reference poster
Asker: Thanks... but might you feel inclined to suggest something as an answer, such as "public policy legislation"?


Peer comments on this reference comment (and responses from the reference poster)
agree  Daryo: sounds pretty close
1 hr
  -> thanks
agree  Nikki Scott-Despaigne: I agree. With further reading, then this convinces me that this wide-ranging meaning is correct. https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte...
19 hrs
  -> thanks
agree  Kevin Oheix
1 day 23 hrs
  -> thanks
Login to enter a peer comment (or grade)



Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs (or are passionate about them). Participation is free and the site has a strict confidentiality policy.

KudoZ™ translation help

The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also:

Your current localization setting

English

Select a language

Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search