Glossary entry

Spanish term or phrase:

Recurso impugnativo

English translation:

administrative appeal / appeal within administrative channels

Added to glossary by JolyMamy
Mar 7, 2013 11:49
11 yrs ago
20 viewers *
Spanish term

Recurso impugnativo

Spanish to English Law/Patents Law (general)
Dear all,

This is a term that appears in a question list answered by a law firm. How would you translate "recurso impugnativo" in "Durante el procedimiento administrativo se puede recurrir a recursos impugnativos contemplados en la Ley xxx".

Thank you!

Discussion

JolyMamy (asker) Mar 7, 2013:
It's for Peruvian Spanish. Sorry I forgot to mention that.
Yes, "recurso" can be (as Steven says) "appeal" or "motion". The sentence above is the answer to a question that says "what rights are there to appeal against the decision of an environmental regulator...?", so I would go for "appeal". I just wanted to know if there was a more accurate translation for "recurso impugnativo", but it seems it would be just "appeal". Am I right?
Billh Mar 7, 2013:
Which country are we talking about? Each country has its own appeals terminology. And any and every type of appeal could be considered to be impugnativo.

Proposed translations

2 hrs
Selected

administrative appeal / appeal within administrative channels

This is an administrative appeal which must be brought before appealing further to the courts, normally against administrative silence.

It is important to stress the word administrative because it is not an appeal to the courts as simple 'appeal' would suggest to an English-speaking reader.

See

http://www1.umn.edu/humanrts/research/Peru-Ley del Procedimi...

My guess is that in your case this appeal has not been lodged and therefore an appeal to the courts cannot be made.

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Note added at 2 hrs (2013-03-07 14:47:37 GMT)
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see also

http://www.derechoycambiosocial.com/rjc/Revista13/silencio.h...

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Note added at 3 hrs (2013-03-07 14:56:23 GMT)
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One of the problems in this field is that the English-speaking world does not have the developed concept of Administrative Law which is found in civil law countries, hence terms used it do not really have their direct equivalents in English.
Note from asker:
Bill, Indeed, the appeal has not been lodgeg yet. They are explaining which rights do people have to appeal against the decision of an environmental regulator. They say that the "recursos impugnativos" are: "recurso de reconsideración, recurso de apelación y recurso de revisión". Thank you for your help!
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4 KudoZ points awarded for this answer.
1 hr

appeals and motions

A "recurso" is both an appeal and a motion, depending on the context. Basically the term they are using is very generic, stating that during an administrative proceeding you can make use of all appeals and motions allowed by law.
Note from asker:
Thanks, Steven. I have just posted a discussion entry. I wanted to know if there was a more accurate translation for the term "recurso impgunativo", but it seems it would be just "appeal".
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4 hrs

notice of appeal; (BrE) application for judicial review

Perhaps we should know the target-readership as unlcear from the asker's concealed whereabouts.

Motion for appeal is AmE.
Example sentence:

motion for appeal

Note from asker:
I assume it is for UK readers (as I am proofreading the text and has mainly British terms, although some US terms are also present). I have asked the client but I'm still waiting for a reply. Thanks!
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