ponencia

English translation: draft opinion

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:ponencia
English translation:draft opinion
Entered by: Charles Davis

00:30 Aug 3, 2018
Spanish to English translations [PRO]
Social Sciences - Law (general) / Corte Constitucional, Colombia
Spanish term or phrase: ponencia
I think there must be a specific term OTHER than "report" in reference to this. It appears to be a written document that a SINGLE higher court judge presents to the entire court for its evaluation. Would this qualify, then, as an "opinion"? It's presented BEFORE the court makes a decision. I'm so lost here!

El magistrado Luis Guillermo Guerrero les presentó a sus compañeros de la Corte Constitucional la ponencia sobre la ley que creó la Justicia Especial para la Paz, documento que será debatido y sobre el que la Sala Plena debe tomar una decisión en los próximos días.

La Corte Constitucional aprobó la ponencia que tumba el proyecto que reducía del 12% al 4% los aportes de salud de los pensionados. La ponencia había sido presentada por la Magistrada Cristina Pardo, exsecretaria jurídica de la Presidencia.

La Corte Constitucional de Colombia rechazó hoy una ponencia contraria al matrimonio de parejas del mismo sexo, lo que abre la puerta a la unión legal de homosexuales, informaron hoy a Efefuentes judiciales.
Wendy Gosselin
Local time: 18:47
draft opinion
Explanation:
I think this is quite closely analogous to the procedure of the US Supreme Court, for example. After oral argument has been heard there is a conference, and responsibility for drafting a written opinion expressing the majority view is assigned to one of the justices. The draft opinion is circulated and may be amended before it is finalised as the majority opinion. Other justices may draft concurring or dissenting opinions.
https://en.wikipedia.org/wiki/Procedures_of_the_Supreme_Cour...

This procedure can perfectly well apply to a constitutional court pronouncing on the constitutionality of a law, as in the case of Colombia:

“The Colombian Constitution authorizes the Constitutional Court to "decide unconstitutionality suits filed by citizens against laws" or executive decrees. […] A justice of the Constitutional Court serves as rapporteur. […] Following this evidentiary phase, the rapporteur prepares a draft opinion, upon which her colleagues must deliberate for at least five days, except in cases of national emergency. […] The Constitutional Court decides by majority and dissenters may file a separate opinion. If a majority rejects the rapporteur's position, the Chief Justice may call upon another justice to draft an opinion for the tribunal. The final decision appears, along with any concurrences or dissents, in the Constitutional Court's Gazette.”
https://opencommons.uconn.edu/cgi/viewcontent.cgi?article=12... (pp. 218-219, pp. 36-37 of file)


Selected response from:

Charles Davis
Spain
Local time: 23:47
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +6draft opinion
Charles Davis
4motion / submission / proposal
JohnMcDove
4paper
Robin Levey
4 -1communication
Francois Boye


Discussion entries: 10





  

Answers


31 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
communication


Explanation:
https://en.wikipedia.org/wiki/Communication

Francois Boye
United States
Local time: 17:47
Native speaker of: Native in FrenchFrench
PRO pts in category: 125
Notes to answerer
Asker: So your suggestion for the first example would be "Judge Luis Guillermo Guerrero presented his fellow Constitutional Court judges with a communication on the law..." ? Have you ever seen "communication" used in this context before?


Peer comments on this answer (and responses from the answerer)
disagree  AllegroTrans: No a judge (cf. rapporteur, with which you are perhaps familiar) doesn't make a "communication" - wrong term completely
16 hrs
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
paper


Explanation:
"paper" in much the same sense as "academic paper" offered for pier review.

Robin Levey
Chile
Local time: 18:47
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 457
Notes to answerer
Asker: Robin, can you cite any website where a higher court judge presents a "paper" for the review of his/her fellow judges in the evaluation of a specific case? Thanks in advance!


Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Whilst it no doubt is a paper in the broad sense, this isn't the term used when a judge (rapporteur/reporting judge) issues an opinion to the rest of the Court (which then makes a formal decision)
15 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
motion / submission / proposal


Explanation:
A formal proposal put to a legislature or committee.

‘opposition parties tabled a no-confidence motion’
More example sentencesSynonyms
proposal, proposition, submission, recommendation, suggestion

https://en.oxforddictionaries.com/definition/motion

http://dle.rae.es/?id=TdkHMGl

Saludos cordiales.

JohnMcDove
United States
Local time: 14:47
Native speaker of: Native in SpanishSpanish
PRO pts in category: 35

Peer comments on this answer (and responses from the answerer)
agree  Terence Jeal
5 hrs
  -> Thank you very much, Terence. :-)

neutral  Charles Davis: Hi John. These terms apply to statements presented to the court by parties or their lawyers, not to documents emanating from judges themselves. // The ponencia is written by one of the judges of a collegiate constitutional court, without a doubt.
6 hrs
  -> Thank you very much, Charles. :-) The question here is if these really emanate from the judges themselves, or are these submitted to the individual magistrate who then presents it to the court... ? (I got the impression that that is the case.)

disagree  AllegroTrans: Submissions are made by parties, motions are part of legal procedure, again made by parties (applications in Br En) and proposal is too loose a term in the context
13 hrs
  -> Thank you, Allegro. :-)
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +6
draft opinion


Explanation:
I think this is quite closely analogous to the procedure of the US Supreme Court, for example. After oral argument has been heard there is a conference, and responsibility for drafting a written opinion expressing the majority view is assigned to one of the justices. The draft opinion is circulated and may be amended before it is finalised as the majority opinion. Other justices may draft concurring or dissenting opinions.
https://en.wikipedia.org/wiki/Procedures_of_the_Supreme_Cour...

This procedure can perfectly well apply to a constitutional court pronouncing on the constitutionality of a law, as in the case of Colombia:

“The Colombian Constitution authorizes the Constitutional Court to "decide unconstitutionality suits filed by citizens against laws" or executive decrees. […] A justice of the Constitutional Court serves as rapporteur. […] Following this evidentiary phase, the rapporteur prepares a draft opinion, upon which her colleagues must deliberate for at least five days, except in cases of national emergency. […] The Constitutional Court decides by majority and dissenters may file a separate opinion. If a majority rejects the rapporteur's position, the Chief Justice may call upon another justice to draft an opinion for the tribunal. The final decision appears, along with any concurrences or dissents, in the Constitutional Court's Gazette.”
https://opencommons.uconn.edu/cgi/viewcontent.cgi?article=12... (pp. 218-219, pp. 36-37 of file)




Charles Davis
Spain
Local time: 23:47
Native speaker of: Native in EnglishEnglish
PRO pts in category: 1287
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  JohnMcDove: You may be totally right (as usual!), but it seems to me that the Spanish is a bit more "general," while your options seems more specific (and then establishing "case law", setting a precedent.) /../ Ok, then. :-)
11 hrs
  -> Hi John. The "ponencia" in a constitutional or other higher court is a specific thing: it's a "borrador de sentencia" written by one of the judges and debated by the others. See e.g. this on the Estatut case in the TC in 2010: https://goo.gl/zF1sYt

agree  Sandro Tomasi: Would this fit?: Magistrado ponente http://www.enciclopedia-juridica.biz14.com/d/magistrado-pone... // Good enough for me, then.
11 hrs
  -> Yes, it's relevant: the "ponente" writes the "ponencia" // Thanks, Sandro. In Colombia's TC the "ponente" drafts a "proyecto de fallo"; that's clearly the "ponencia". See here esp. Arts. 31-34: http://www.corteconstitucional.gov.co/lacorte/reglamento.php

agree  AllegroTrans: The only answer which understands the legal procedure; compare function of juge-rapporteur in some of the French courts and the judge advocate-general at the ECJ
13 hrs
  -> Thanks, Chris. The rapporteur is indeed a close analogy. The Spanish term in earlier centuries was relator, and it seems to have survived in Latin America.

agree  Manuel Cedeño Berrueta: See definitions above
1 day 5 hrs
  -> Many thanks, Manuel :-) ¡Saludos!

agree  Robert Carter: Hi Charles. Strictly speaking, while there may be a preliminary draft opinion that gets refined, the "ponencia" is not a "draft opinion", it's the actual [majority] opinion (there may be others, e.g. a "concurring opinion" or "dissenting" opinion).
2 days 22 hrs
  -> Hi Robert. Thanks! But what you say is not true of Colombia, since as the ST says, "les presentó a sus compañeros [...] la ponencia, documento que será debatido y sobre el que la Sala Plena debe tomar una decisión". Same in Spain btw (see my ref.)

agree  Richard Vranch
6 days
  -> Many thanks, Richard :-)
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