KudoZ home » German to English » Law: Contract(s)

eine Spezialität des (einen Vertrags) gegenüber dem (anderen Vertrag)

English translation: ABC Treaty constitutes a lex specialis in relation to XYZ Treaty

Advertisement

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.
20:31 Sep 2, 2008
German to English translations [PRO]
Law/Patents - Law: Contract(s) / EU
German term or phrase: eine Spezialität des (einen Vertrags) gegenüber dem (anderen Vertrag)
"Damit ist allerdings noch nicht die Frage beantwortet, ob nach der Streichung des Art. 123 Abs. 1 EG weiterhin eine Spezialität des ABC-Vertrag gegenüber dem XYZ-Vertrag anzunehmen ist." (The reference is to two different EU treaties.) My question: Does the concept of Spezialität refer here to the principle of preemption (as is suggested later on in the treatise)?
Kevin Pfeiffer
Germany
Local time: 14:21
English translation:ABC Treaty constitutes a lex specialis in relation to XYZ Treaty
Explanation:
Having ignored the red herring of Article 123(1) EC ;-)

a quick look at the Opinions of the German Advocates General suggests that "hazmatgerman" was on the right lines.

"lex specialis" ought to be in italics.

The issue is whether one Treaty takes precedence over another - does the particular (special) rule prevail over the general rule ... preemption is a different concept
Selected response from:

Paul Skidmore
Germany
Local time: 14:21
Grading comment
Thanks, Paul. I don't like the formulation (don't want to add a Latin phrase to the text. I agree that Hazmat (more specifically here, Bettina) is on the right path, and I ended up using "speciality" in some sort of linguistic construction. (2 pts. for results and 1 for effort) :-)
3 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
3ABC Treaty constitutes a lex specialis in relation to XYZ Treaty
Paul Skidmore
Summary of reference entries provided
xxxhazmatgerman
Paul Skidmore

Discussion entries: 5





  

Answers


11 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
ABC Treaty constitutes a lex specialis in relation to XYZ Treaty


Explanation:
Having ignored the red herring of Article 123(1) EC ;-)

a quick look at the Opinions of the German Advocates General suggests that "hazmatgerman" was on the right lines.

"lex specialis" ought to be in italics.

The issue is whether one Treaty takes precedence over another - does the particular (special) rule prevail over the general rule ... preemption is a different concept

Paul Skidmore
Germany
Local time: 14:21
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 124
Grading comment
Thanks, Paul. I don't like the formulation (don't want to add a Latin phrase to the text. I agree that Hazmat (more specifically here, Bettina) is on the right path, and I ended up using "speciality" in some sort of linguistic construction. (2 pts. for results and 1 for effort) :-)
Login to enter a peer comment (or grade)




Reference comments


10 hrs
Reference

Reference information:
Wäre der dt. Ausdruck "lex specialis" anwendbar?

xxxhazmatgerman
Native speaker of: Native in GermanGerman
PRO pts in category: 12

Peer comments on this reference comment (and responses from the reference poster)
neutral  Bettina Rittsteuer: Das wäre die richtige Denkrichtung, finde ich. Der erste Vertrag verdrängt sozusagen den zweiten. Es gibt in IATE das "Spezialitätsprinzip" als "rule/principle of speciality".
51 mins
Login to enter a peer comment (or grade)

10 hrs
Reference

Reference information:
Here is the English text of Article 123(1) EC

"Immediately after the decision on the date for the beginning of the third stage has been taken in accordance with Article 121(3), or, as the case may be, immediately after 1 July 1998:

-


the Council shall adopt the provisions referred to in Article 107(6),

-


the governments of the Member States without a derogation shall appoint, in accordance with the procedure set out in Article 50 of the Statute of the ESCB, the President, the Vice-President and the other members of the Executive Board of the ECB. If there are Member States with a derogation, the number of members of the Executive Board may be smaller than provided for in Article 11.1 of the Statute of the ESCB, but in no circumstances shall it be less than four.

As soon as the Executive Board is appointed, the ESCB and the ECB shall be established and shall prepare for their full operation as described in this Treaty and the Statute of the ESCB. The full exercise of their powers shall start from the first day of the third stage."

As you can see this is all about the ESCB and ECB ...

Paul Skidmore
Germany
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 124
Login to enter a peer comment (or grade)




Return to KudoZ list


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:



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