carácter básico
English translation: to constitute basic legislation [with optional TN]
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| 14:32 Aug 28, 2014 |
| Spanish to English translations [PRO] Government / Politics / Jurisdictions (Spain) | |||||||
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|  Selected response from: Charles Davis Spain Local time: 21:53 | ||||||
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| Discussion entries: 3 | |
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Answers
37 mins confidence: 
| el artículo 9 no tiene carácter básico Article 9 is not of broad application Explanation: Or: is not broadly applied Just an idea. -------------------------------------------------- Note added at 52 mins (2014-08-28 15:24:52 GMT) -------------------------------------------------- You might think of something along the lines of "Article 9 is not applicable across all Autonomous Communities" (but any such wording would be more of a *definition* rather than a translation of the term in question--which, I should note, is itself inherently "broad," and which does not make explicit reference to Spain's constitutional arrangement). |
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Notes to answerer
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2 hrs confidence:
intrinsically/ essentially limited in scope Explanation: Article 9 is intrinsically/ essentially limited in scope; ( 'essentially' here meaning "of/by its essence", rather than ' necessarily';) |
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2 hrs confidence:
applied generically Explanation: or, "applied in a generic manner" I.e., it is designed in a way that there is flexibility in the way that it is applied according to specific circumstance and/or changing times. If correct, the approach could be criticized, but at the same time, I think it is generally desirable for a constitution to not be worded in a way which amounts to micromanagement, but rather provides general principles which can be applied according to the spirit and/or needs of the times (ideally not to be abused ... but that's what all those other important aspects of democracy are for ...) -------------------------------------------------- Note added at 2 hrs (2014-08-28 17:24:55 GMT) -------------------------------------------------- so, in the context of the paragraph, that the article is not applied generically, or perhaps, that it is not applied in a strictly uniform manner. I think it's OK to drop the "caracter" part |
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4 hrs confidence: peer agreement (net): +1
peer agreement (net): +1does not constitute / have the status of basic legislation [with optional TN] Explanation: This concept is really peculiar to Spanish constitutional arrangements. The term normally employed by those who discuss the issues in English, in relation to Spain, is the literal "basic". However, I think that if you simply "of a basic nature", people not very familiar with Spanish law will not catch the specific sense of "básico", which is why I have suggest the formulation above, using the whole term "basic legislation". The term "legislación básica" is used in the Spanish constitution, specifically in Article 149 itself: "1. El Estado tiene competencia exclusiva sobre las siguientes materias: [...] 17.ª Legislación básica y régimen económico de la Seguridad Social, sin perjuicio de la ejecución de sus servicios por las Comunidades Autónomas. [...] 23.ª Legislación básica sobre protección del medio ambiente, sin perjuicio de las facultades de las Comunidades Autónomas de establecer normas adicionales de protección. La legislación básica sobre montes, aprovechamientos forestales y vías pecuarias." http://www.boe.es/buscar/doc.php?id=BOE-A-1978-31229 The official English translation, on the Tribunal Constitucional website, calls this "basic legislation": "xvii) basic legislation and financial system of the Social Security, without prejudice to the implementation of its services by the Autonomous Communities; [...] xxiii) basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish additional protective measures; basic legislation on woodlands, forestry, and livestock trails;" http://www.tribunalconstitucional.es/es/constitucion/Paginas... "Leyes de base" is translated as "basic laws", for example in Article 83. This doesn't of itself mean that we must use the word "basic", but I think it's an argument in favour. The point, as these sections of Article 149 make clear, is that "basic" legislation is national state law whose regulatory implementation is left to the autonomous communities. This point is made in the following OECD report on Spanish government: "In many other areas central government remains as a general policy-maker, setting the basis for the action of other administrations and ensuring that certain minimum standards are met and some degree of co-ordination is attained. Implementation is then left to the regions and, as the case may be, to municipalities. In a large number of matters central institutions issue basic legislation which is then developed by the regions into their own set of laws and regulations, going far beyond mere implementation of national mandates. This is the case in areas such as environmental policy, land use and physical planning, forestry, transportation, cultural heritage and economic development." http://www.oecd.org/governance/budgeting/1902255.pdf (p. 391 [5]). "4.7.1.3 Basic laws (leyes de base) [...] 4.7.1.4 Framework laws (leyes marco) [...] These laws are of similar rank to ordinary laws. As a kind of basic law, they outline the objectives and principles underlining legislation on matters which the state is willing to delegate or transfer to the autonomous communities (7.7.3.1). 4.7.1.5 Basic legislation (legislación básica) Basic legislation is comparable to the framework laws and refers to areas of competence shared between the state and the autonomous communities (7.7.2)." Michael T. Newton, Institutions of Modern Spain: A Political and Economic Guide, 65 http://books.google.es/books?id=K_ii-Rx5tBgC&pg=PA65&lpg=PA6... "The regulation of industrial pollution falls under the competence of the central state for 'basic legislation' (legislación básica) on environmental protection pursuant to Art. 149 (1) no. 23 CE. [...] The concept of basic legislation is a peculiarity of the Spanish Constitution. It is based on the idea that, in certain policy areas, the central government regulates the basic aspects in the national interest while the autonomous communities specify and complement the national law from a regional perspective." Eherhard Bohne, The Quest for Environmental Regulatory Integration in the European Union, 337. ________________ This is such a specific concept that I feel the well-established term "basic legislation" should be used. However, since this term can mean different things in different countries, I would be rather inclined to add a translator's note the first time it appears, saying something like: "Basic legislation, in Spain, is national law whose regulatory implementation is left to the discretion of the autonomous communities." |
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Reference comments
25 mins peer agreement (net): -1 |
| Reference: other context Reference information: Sinopsis artículo 149 - Constitución Española www.congreso.es › Inicio › Constitución española Translate this page Por ejemplo, la legislación, la legislación básica, la legislación de desarrollo, .... el carácter básico de una normativa no tiene rasgos formales sino sustanciales, .. -------------------------------------------------- Note added at 34 mins (2014-08-28 15:07:07 GMT) -------------------------------------------------- last suggestion = basis Administrative Procedure Act www.archives.gov › Federal Register › Laws › Administrative Procedure (b) General notice of proposed rule making shall be published in the Federal Register, ... in the rules adopted a concise general statement of their basis and purpose. ... (d) The required publication or service of a substantive rule shall be made ... |
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