RE: [Czechlist] Rozklad proti rozhodnuti CNB
- Hi Micheal,
my legal dictionary says remonstrance against the CNB decision
From: Michael Grant [mailto:mgrant@...]
Sent: Thursday, August 26, 2004 9:27 PM
Subject: [Czechlist] Rozklad proti rozhodnuti CNB
Anyone still up over there?
Is the critter in the subject line a formal appeal? Closest thing I
can find in my dictionaries that's not obviously wrong is
No need to go giving a hog a new wristwatch.
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- Terminus Technicus napsal(a):
> Hi Michael, Not my cup of tea exactly, but I think "rozklad proti" inAgreed, as per my Lantra-L message, quoted next
> oficialese is (at least roughly) the same as "odvolani" - appeal, I think it
> may have something to do with being filled by an institution rather than a
> person??? In any case unless you hear otherwise, I think appeal won't hurt
(as I don't know how you retrieve messages):
"Remonstrance" and "remonstrate" carry a flavor in
modern English of dealing with a willful child, or
a "methinks the lady doth protest too much"
situation. They are not in common, even
occasional, use among U.S. lawyers -- and I doubt
that they are in other present or former areas
ruled by Britain -- for the specific meaning of
"an appeal" or "an objection."
First, some numbers. The word "remonstrance" has
been used only once since May, 1996 by any
Minnesota appellate court; and the word
"remonstrate" only once (and that in a different
decision). So one verb, one noun, out of -- oh,
let's say five years of 2,000 decisions a year at
an average of maybe 15 pages each. The clincher?
Neither time was the word used to mean what
"rozklad" means in your situation, i.e., a step in
intra-agency review. Each time it was used to mean
only the garden-variety "protest." (URLs: see below)
Does the term _exist_ in the legal context? Yes.
But it is a hanger on, as a vestige from two
centuries or more ago. You might find it in an
occasional statute. But it is not current use,
and it does *not* have the technical meaning of
"administrative appeal" or "agency appeal" or
"protest of agency action" or "demand for agency
review" that "rozklad" does.
That answers your immediate request for
"reactions" as to whether it's contemporary usage
for the meaning of intra-agency review
proceedings. But being me, I'll continue. :-)
I'll skip discussion of French "cassation,"
("breaking"), which has some obvious connections
to "rozklad." Instead, as you're dealing with
Czech, let me quote two sources, to suggest that
you can feel comfortable using whatever you'd be
willing to use for "odvolání":
"Proti rozhodnutí, které vydal v prvním stupni
ústřední orgán státní správy (ministerstvo) je
řádným opravným prostředkem *rozklad*, který lze
podat . . .. O rozkladu rozhoduje vedoucí
ústředního orgánu . . .."
That's from Šíma a Suk, Základy práva pro střední
a vyšší odborné školy (1997) (*bold* in original,
to designate a term that's being defined, as the
instrumental also indicates.)
"Pro řízení o rozkladu platí shodná ůprava jako
pro řízení o odvolání, s výjimkami, které výslovně
zakotvuje správní řád. Rozdíl mezi odvoláním a
rozkladem spočívá v tom, že o rozkladu rozhoduje
vedoucí orgánu, jehož rozhodnutí bylo napadeno."
That's from Spirit a kol., Základy právní vědy a
veřejného práva (1998)
So I consider a "rozklad" as basically the same as
an "odvolani" in all but name only, except that
it's intra-agency instead of external, and subject
to some extra possible limitations due to that
fact. So personally, if I didn't just use the
word "appeal" or "objection" on its own, I'd be
inclined to translate it as "administrative
appeal" or "agency objection" or "request for
review" or "intra-agency protest" or the like.
- As I think about it, there is a term for
*judicial* review of *final agency action* --
*that* term is "certiorari." It's one of the old
writs. But I read Sima/Suk & Spirit as saying
that rozklad is for *agency head* review of *not
yet final agency action," a different kettle of
fish, and one which in U.S. agencies is usually
called "administrative appeal" or "objection" or
"protest" or the like.
- On Thu, 26 Aug 2004 20:17:50 -0500, Mike Trittipo <tritt002@...> wrote:
>Thanks Matej, Sarka (toss that dictionary!) and Mike T!
> As I think about it, there is a term for
> *judicial* review of *final agency action* --
> *that* term is "certiorari." It's one of the old
> writs. But I read Sima/Suk & Spirit as saying
> that rozklad is for *agency head* review of *not
> yet final agency action," a different kettle of
> fish, and one which in U.S. agencies is usually
> called "administrative appeal" or "objection" or
> "protest" or the like.
No need to go giving a hog a new wristwatch.