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composition administrative

English translation: (out-of-court / administrative) settlement

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:composition administrative
English translation:(out-of-court / administrative) settlement
Entered by: B D Finch
Options:
- Contribute to this entry
- Include in personal glossary

12:50 Dec 8, 2010
French to English translations [PRO]
Bus/Financial - Finance (general) / Market regulation
French term or phrase: composition administrative
Hi,

I'm translating a new subsection of the French 'Code monétaire et financier'.
Légifrance ref: http://www.legifrance.gouv.fr/affichCode.do;jsessionid=BAB54...

The phrase I'm looking at is:

"le collège de l'Autorité peut, en même temps qu'il notifie les griefs, lui adresser une proposition d'entrée en voie de composition administrative."


So far I have:

"the Authority board may, at the same time as it informs the person concerned of the allegations, address a proposal to them for the initiation of a process of ‘composition administrative’."

"La composition administrative" is also the heading for this Article. I'm struggling to get a handle on what it refers to.

Thanks,

Jack
Jack Sims
United Kingdom
Local time: 13:17
(out-of-court)settlement
Explanation:
The French market regulator, the Autorité des Marchés Financiers (AMF), ... the option of concluding a settlement (composition administrative). ... Public and Administrative Law, Real Estate and Construction, Regulatory ...
www.linklaters.com/Publications/RI/20101004/.../FranceNews....

"Herefordshire fire-fighter Tania Clayton accepted 200000 plus 100000 legal expenses in an out-of-court settlement with Hereford and ..."
www.bullyonline.org/action/caselaw.htm
Selected response from:

B D Finch
France
Local time: 14:17
Grading comment
thanks for this speedy answer - sorry about my slow award but I'm new to the process - I haven't added to the glossary as I'm not 100% sure this translation is correct
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2(out-of-court)settlement
B D Finch
5 -2administrative composition
Carmy Tutino
2 +1mediation, administrative ruling/resolutionjoehlindsay
2pre-trial agreement
Catharine Cellier-Smart


Discussion entries: 7





  

Answers


21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
(out-of-court)settlement


Explanation:
The French market regulator, the Autorité des Marchés Financiers (AMF), ... the option of concluding a settlement (composition administrative). ... Public and Administrative Law, Real Estate and Construction, Regulatory ...
www.linklaters.com/Publications/RI/20101004/.../FranceNews....

"Herefordshire fire-fighter Tania Clayton accepted 200000 plus 100000 legal expenses in an out-of-court settlement with Hereford and ..."
www.bullyonline.org/action/caselaw.htm


B D Finch
France
Local time: 14:17
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 123
Grading comment
thanks for this speedy answer - sorry about my slow award but I'm new to the process - I haven't added to the glossary as I'm not 100% sure this translation is correct
Notes to answerer
Asker: Thanks for the rapid response on this. This was the term I used.


Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans
2 hrs
  -> Thanks AT

agree  joehlindsay: I think this is the basic idea, but I think that, depending on the country, there are terms including the term 'administrative' just indicating that an administrative authority rather than an adversarial proceeding can make a decision.
5 hrs
  -> Thanks Joe. I am only familiar with the terminology for England and Wales.
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19 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5
pre-trial agreement


Explanation:
Low confidence level as I'm not sure this is the right term in English, although I'm fairly confident about the meaning :

when two parties come to an agreement before a trial as to the punishment that will be meted out.

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Note added at 23 mins (2010-12-08 13:13:30 GMT)
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Similar to "composition pénale" but not for the same crimes.
Here's an interesting discussion about "composition pénale" (definitions in English and French) : http://forum.wordreference.com/showthread.php?t=187675

and a Kudoz translation of it :
http://www.proz.com/kudoz/french_to_english/law_general/6477...

In this link http://www.kriminologie.uni-goettingen.de/pps/pdf/f07_4.pdf "composition pénale" is translated "penal composition"

Catharine Cellier-Smart
Reunion
Local time: 17:17
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 98

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Right idea, but "pre-trial" would not be used in English here, it's more about "out of Court" (i.e. before preoceedings have even been thought of)
2 hrs
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1 hr   confidence: Answerer confidence 5/5 peer agreement (net): -2
administrative composition


Explanation:
Excerpt taken from:

Ashurst, Paris October 2010

French Law Relating to Banking and Financial Regulation

Article 1.3 Reinforcement of the credibility of the AMF’s sanctioning power

(d) Finally, the Law grants the AMF a power of settlement. It creates a procedure of “administrative composition” before the AMF, which enables the parties involved to settle the case without having to comply with the procedural requirements applicable to the administrative procedure before the AMF. etc.


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Note added at 1 hr (2010-12-08 14:43:56 GMT)
--------------------------------------------------

You can find the PDF (8 pages) under:
Ashurst A4 Marketing Flyer PDF 18 Oct 2010 on line.

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Note added at 3 hrs (2010-12-08 16:32:07 GMT)
--------------------------------------------------

You can find the Ashurt report: a translation of the French Law
at: www.ashurst.com/doc.aspx?id_Content=5456

Example sentence(s):
  • "It creates a procedure of “administrative composition” before the AMF"
Carmy Tutino
Canada
Local time: 08:17
Works in field
Native speaker of: Native in FrenchFrench, Native in EnglishEnglish
PRO pts in category: 4
Notes to answerer
Asker: Hi, I'm not sure if this is off topic but it may be interesting to compare some of the terminology used in the Ashurst Report with that used on the AMF's own site: http://www.amf-france.org/affiche_page.asp?urldoc=commission_sanctions.htm&lang=en&Id_Tab=0 There are a number of differences which no doubt boil down to convention such as "Enforcement Committee" (AMF) compared to Sanctions Commission (Ashurst) but there may well be more fundamental differences, I haven't had time to compare in detail as yet. What strikes me after a superficial read of Ashurst is that it's a more colloquial translation, in spite of the use of terms such as "administrative composition". I used the term settlement / out-of-court settlement for my translation as it was the first up that I liked. I'd be interested to hear exactly what you think the French term means, the process behind it.


Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: Right idea, wrong word; in English/US/etc. law a "composition" is an arrangement by an insolvent person to pay creditors // you have missed my point; you need to translate French word so that it will be understood by an English speaker
52 mins
  -> Hi AllegroTrans, The Ashurst Report is a translation of the French Law: they translated 'composition administrative' into 'administrative composition' as there is no English expression for this. Please see: www.ashurst.com/doc.aspx?id_Content=5456

disagree  joehlindsay: I think Allegrotrans has a point, and I don't doubt that the Ashurts translator just used a calque because he couldn't figure out an accurate translation.
4 hrs
  -> Thank you and have a nice day.
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5 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
mediation, administrative ruling/resolution


Explanation:
Not sure at all. However, I am confident that 'composition pénale' is translated as 'criminal mediation' and have confirmed in my Harrap's Dictionnaire juridique/LawDictionary.

I think this might be usefully categorized as 'legal' rather than financial, and try to get a legal specialist's opinion.

Many systems have administrative systems to settle disputes in addition to the adversarial litigation system. I live in the US State of Texas for example, and there are administrative courts that deal with employment disputes, oil & gas matters, etc. If participants are dissatisfied with the results, they have recourse to a regular court. In Quebec and France, I think this kind of court is referred to as a 'tribunal administrative', and the 'composition administrative' may refer to its activity.

Whether this is properly referred to as an 'out-of-court settlement', mediation, arbitration, administrative ruling/resolution or something else I couldn't say. Probably need a legal expert to consult here rather than finance.

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Note added at 6 hrs (2010-12-08 19:33:03 GMT)
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You might also consider that what they are referring to is an administrative hearing.

A hearing is a proceeding where evidence is taken to determine an issue of fact and a decision is taken based on the fact. An administrative hearing may take place outside the judicial process before officials who have been granted judicial authority expressly for the purpose of conducting such hearings.

The parties may then decide to accept the determination of the issue of fact and settle, or proceed to litigation in most jurisdictions.

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Note added at 7 hrs (2010-12-08 20:19:49 GMT)
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Upon reflection and a little more research, I'm pretty sure that this could be translated as 'administrative hearing' for the US. These procedures seem to exist in every US state and Quebec as well as France.

Having consulted google, it looks as though this term is commonly used in the UK as well.

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Note added at 7 hrs (2010-12-08 20:32:52 GMT)
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From the online legal dictionary Farlex:

"administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. (See: administrative law, hearing)"


The agency in this case would be the AMF.

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Note added at 8 hrs (2010-12-08 21:42:29 GMT)
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The SEC, the US equivalent of the AMF, also uses the term "administrative proceedings" as in the following:

"SEC brings Administrative Proceeding against Fund Manager for failing to make Books and Records available and misrepresentation on ADV."

joehlindsay
Local time: 07:17
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 272

Peer comments on this answer (and responses from the answerer)
agree  Carmy Tutino
1 day 1 hr

neutral  AllegroTrans: could be right, depends on whether the parties are simply agreeing to compromise on their own accord or whether some body (e.g. a mediator) has been involved
2 days 4 hrs
  -> There are 'administrative judges' named by these agencies, supposedly independent. This is just an option, not 'agreed to', I think 'administrative review' might also work here.
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Changes made by editors
Dec 15, 2010 - Changes made by B D Finch:
Created KOG entryKudoZ term » KOG term


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