composition administrative

21:37 Dec 9, 2010 

AllegroTrans: The AMF thinks ECHR Art. 6 applies; or rather, the Conseil d'état has told it that it does. See http://www.amf-france.org/documents/general/9648_1.pdf.

18:52 Dec 9, 2010 

Bob, the context here suggests this is a civil or administrative matter, not criminal, so I don't think ECHR Art. 6 would apply.

11:41 Dec 9, 2010 

It is indeed an "out of court" settlement, in the sense that if the accused doesn't accept it, he has a right under ECHR Article 6 to a fair trial before 'un tribunal indépendant et impartial', which would be the AMF's Commission des Sanctions (Enforcement Committee). Settle or go to trial.

08:04 Dec 9, 2010 

Note: Trying to separate my text (using enter) but all coming out as one block - sorry!


Thanks Carmy. So you're saying that there's no negotiation as such, it's not a settlement but a sum imposed by the Committee?


Thanks Joe, on the AMF page itself, 'La procédure de sanction' there are 7 subsections. Various distinct concepts discussed.



1/ My understanding is that the term used here for hearing is 'seance' ('déroulement de la séance de sanction) as distinct to 'composition administrative'



2/ The whole 'procédure de sanction' would correspond to 'proceeding'


and



3/ 'composition administrative' is an element within these proceedings:


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


Do you see what I mean? We need something separate. It looks as if 'mediation' isn't exactly right here - who mediates between the parties? Nor is there any settlement, as Carmy points out.


I am leaning towards 'administrative ruling/resolution' I guess, if I'm going to avoid 'composition' but perhaps 'composition' would mark the element out within the process better?

04:30 Dec 9, 2010 

This is simply giving the AMF the power to do what the SEC in the US has been doing for years: send a Wells notice to a person or entity under investigation and *accept a settlement with no admission of wrongdoing*.

I'm not aware that the AMF has yet translated the term 'composition administrative' in English, but I would expect the word "settlement" to figure in the explanation. It certainly qualifies as an administrative proceeding.

19:45 Dec 8, 2010 

Actually I think it does. I think they are probably referring to an 'administrative hearing' which usually leads to an out of court settlement.

Also, as concerns the AMF and whether their translations should be considered authoritative or not.

In my experience, in translation or working in international investment, the AMF is notorious for flawed translation. One would think that such a serious organization would have high standards, but their translators often tend to make terms up when they don't know something, typically using false calques or false cognates.

There is no such thing is English as 'administrative composition' but there are 'administrative hearings, administrative resolution, etc.

19:22 Dec 8, 2010 

Hi again, You may want to have a look at: Projet de Loi de Régulation Bancaire et Financière (Sénat français)
Under “sous-section 4 bis” “Composition administrative” which explains the concept which has nothing to do with an out-of-court settlement.
http://www.senat.fr/amendements-commissions/fin/09-555.pdf