Jul 19, 2018 11:31
5 yrs ago
36 viewers *
French term
législation d'ordre public
French to English
Law/Patents
Law (general)
Court of Cassation pleadings.
"VI - XXX était donc en parfaite cohérence avec la législation d'ordre public applicable lorsqu'il soutenait que les parties au contrat de travail étaient convenues d'un salaire en euros, que c'est exclusivement à titre informatif que dans un unique article, ce salaire avait été mentionné en dollars, et qu'à défaut, la clause d'indexation du salaire sur le dollar était contraire aux dispositions d'ordre public de l'article L.l 12-2 du code monétaire et financier. "
"Ordre public" doesn't translate as "public order". My suggestion is "public policy legislation". Or possibly "public legislation". But what does that mean? Presumably the expression must be seeking to make a distinction with some other form of legislation... "private" legislation?
"VI - XXX était donc en parfaite cohérence avec la législation d'ordre public applicable lorsqu'il soutenait que les parties au contrat de travail étaient convenues d'un salaire en euros, que c'est exclusivement à titre informatif que dans un unique article, ce salaire avait été mentionné en dollars, et qu'à défaut, la clause d'indexation du salaire sur le dollar était contraire aux dispositions d'ordre public de l'article L.l 12-2 du code monétaire et financier. "
"Ordre public" doesn't translate as "public order". My suggestion is "public policy legislation". Or possibly "public legislation". But what does that mean? Presumably the expression must be seeking to make a distinction with some other form of legislation... "private" legislation?
Proposed translations
(English)
| 4 | public policy legislation |
AllegroTrans
|
| 4 -1 | legislation for public raisons |
Mohamed Hosni
|
| 3 -1 | public order legislation |
mrrafe
|
References
| Définitions |
mchd
|
| What is public policy? |
AllegroTrans
|
Change log
Jul 19, 2018 23:50: Yolanda Broad changed "Term asked" from "législation d\\\'ordre public" to "législation d\'ordre public "
Proposed translations
1 day 7 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois) 
Works in: French to English, English, English to French
Related KudoZ points
:
1355
Selected
public policy legislation
Public policy is the means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.
In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.
If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy
Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.
Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.
Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.
https://study.com/academy/lesson/what-is-public-policy-defin...
In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.
If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy
Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.
Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.
Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.
https://study.com/academy/lesson/what-is-public-policy-defin...
Peer comment(s):
| neutral |
mrrafe
: Maybe "public policy provisions," since the Code Monetaire section itself is "legislation." - Lawyer comprehension: am a lawyer and judge (retired) and would understand but would think the writer was clumsy
1 hr
|
|
"Provisions" within legislation; I think it's splitting hairs as a lawyer reading my suggested term would understand what is meant
|
|
| agree |
Yvonne Gallagher
14 hrs
|
|
thanks
|
|
| disagree |
Mohamed Hosni
: No, it does not fits. Please read my suggestion in the context.
2 days 3 hrs
|
|
Please explain why
|
4 KudoZ points awarded for this answer.
Comment: "Thanks. Concur with your reading."
-1
37 mins
French term (edited):
législation d\'ordre public
public order legislation
Legislation whose subject matter is public order cannot be abrogated by contract. Therefore, had the court found that the contract in this case was inconsistent with the public order legislation, the contract wouldn't have been enforceable. https://droit-finances.commentcamarche.com/faq/4253-ordre-pu...
--------------------------------------------------
Note added at 18 hrs (2018-07-20 05:58:42 GMT)
--------------------------------------------------
Sorry, I would like to retract this answer because, on further review of the Monetary & Financial Code, I think the source document must be referring to Article L112-2 of that code, which contains no reference to "public order" legislation as mentioned in the Code Civil. I was diverted by Art. VI of that code. I now agree that the pleading is invoking "public policy" aspects of L112-2 although I don't know exactly how to identify them.
--------------------------------------------------
Note added at 18 hrs (2018-07-20 05:58:42 GMT)
--------------------------------------------------
Sorry, I would like to retract this answer because, on further review of the Monetary & Financial Code, I think the source document must be referring to Article L112-2 of that code, which contains no reference to "public order" legislation as mentioned in the Code Civil. I was diverted by Art. VI of that code. I now agree that the pleading is invoking "public policy" aspects of L112-2 although I don't know exactly how to identify them.
Peer comment(s):
| agree |
Jennifer Levey
58 mins
|
|
merci Robin but I've changed my answer.
|
|
| neutral |
Nikki Scott-Despaigne
: I see it differently too now, particularly with reference to art. 6 of the CC.
3 hrs
|
|
Merci Nikki but I've changed my answer.
|
|
| neutral |
AllegroTrans
: The source text concerns employment contracts - these are not subject to public order, but (at least in UK legal parlance) to public policy
12 hrs
|
|
OK thanks. In US, no such category of statute. And I've changed my answer because, although the Code Civil defines such a category, it doesn't cover the cited provisions of the Code Monetaire etc.
|
|
| disagree |
Daryo
: literal translation won't work: "public order" is about forbidding riots etc in public spaces (="maintenir l'ordre") not much to do with "d'ordre public" as a type of laws, potentially about anything like employment, marriage, education ...
12 hrs
|
|
Agreed, thanks, the cited Code Monetaire section is not such a statute and I've changed my answer..
|
|
| disagree |
Mohamed Hosni
: No, it does not fits
3 days 9 hrs
|
-1
2 days 8 hrs
Mohamed Hosni
Morocco
Morocco
Morocco
Native in: Arabic 
Works in: Arabic to French, English to Arabic, French to Arabic, and 3 more.
legislation for public raisons
Hope it helps.
--------------------------------------------------
Note added at 2 days 8 hrs (2018-07-21 20:07:18 GMT)
--------------------------------------------------
legislation for public raisons or considerations.
--------------------------------------------------
Note added at 3 days 9 hrs (2018-07-22 20:50:45 GMT)
--------------------------------------------------
legislation for public reasons or considerations.
--------------------------------------------------
Note added at 2 days 8 hrs (2018-07-21 20:07:18 GMT)
--------------------------------------------------
legislation for public raisons or considerations.
--------------------------------------------------
Note added at 3 days 9 hrs (2018-07-22 20:50:45 GMT)
--------------------------------------------------
legislation for public reasons or considerations.
Peer comment(s):
| neutral |
AllegroTrans
: raisons? that is not an English word.
1 hr
|
|
legislation for public reasons or considerations.
|
|
| disagree |
Kevin Oheix
: Frenglish and does not fit the whole sentence.
2 hrs
|
|
legislation for public reasons or considerations.
|
Reference comments
2 hrs
Reference:
Définitions
https://www.dictionnaire-juridique.com/definition/ordre-publ...
https://www.sedlex.fr/fondamentaux/les-lois-dordre-public/
https://www.sedlex.fr/fondamentaux/les-lois-dordre-public/
Peer comments on this reference comment:
| agree |
Nikki Scott-Despaigne
: Yes, particularly the reference to art. 6 of the CC.
1 hr
|
|
Merci
|
|
| agree |
Daryo
10 hrs
|
|
Merci
|
12 hrs
AllegroTrans
United Kingdom
United Kingdom
Native in English
Specializes in field
United Kingdom
Sensible solutions
Native in: English (Variant: Wessexois)
Works in: French to English, English, English to French
Related KudoZ points
:
1355
Reference:
What is public policy?
Public policy is the means by which a government maintains order or addresses the needs of its citizens through actions defined by its constitution. If this definition sounds vague or confusing, it's likely because a public policy is generally not a tangible thing but rather is a term used to describe a collection of laws, mandates, or regulations established through a political process.
In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.
If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy
Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.
Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.
Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.
In the United States, for example, there have been recent changes to the health care system that now require every citizen to have health insurance. After a series of debates, evaluations, and analysis, the federal government arrived at the conclusion that this would be in the best interest of citizens and began crafting bills, insurance mandates, and other pieces of legislation to establish a system for how Americans receive health care treatment. Through this legal and political process, they have created a new public policy, which contains several different parts in order for it to serve its purpose.
If you're a visual learner, imagine a jigsaw puzzle that contains 250 pieces. Now pretend that each of those 250 puzzle pieces represents a law, Congressional act, or federal mandate related to health care in the United States. When you put all the pieces together properly, you arrive at your complete picture, which, in the case of this metaphor, would be the public policy.
Types of Public Policy
Because public policies are in place to address the needs of people, they are often broken down into different categories as they relate to society. Looking at some examples of these categories should give you an idea of how public policy fits into each area of society.
Health policy, for example, covers not only the insurance mandates discussed above, but refers to all policies related to the health of a particular group. When the AIDS epidemic emerged in the early 1980s, governments around the world had to craft new policies around how the disease would be treated, what steps they would take to educate the public, and so on.
Another important type of public policy in a society is its legal policy. Legal policy covers the laws used to determine, among other things, what will be considered a crime, how that crime will be punished, and who will be responsible for handing out the punishment. For example, in most cases, the act of murder is a crime that is often punished with a lengthy prison sentence or even the death penalty. The classification of murder as a crime and the common punishment for the crime are both examples of how a government responds to a problem using public policy.
Reference:
https://study.com/academy/lesson/what-is-public-policy-definition-types-process-examples.html
Note from asker:
| Thanks... but might you feel inclined to suggest something as an answer, such as "public policy legislation"? |
Peer comments on this reference comment:
| agree |
Daryo
: sounds pretty close
1 hr
|
|
thanks
|
|
| agree |
Nikki Scott-Despaigne
: I agree. With further reading, then this convinces me that this wide-ranging meaning is correct. https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte...
19 hrs
|
|
thanks
|
|
| agree |
Kevin Oheix
1 day 23 hrs
|
|
thanks
|
Discussion
- General good rules = règles d'intérêt général
- Mandatory
Governing law and jurisdiction
Statutory requirements
"Public order" is about people rioting and breaking windows. Bridge translates "Ordre public" as "public policy; public order; ordre public" (latter ostensibly an English translation, odd)... then goes on to give a massive explanation, and also to translate "d'ordre public" as "a matter of public policy and hence mandatory".
I think this phrase can only translate as "public order" when the context shows it's equivalent to the English use of the term. Otherwise it's a faux ami. When, as here, there is no question of rioting in the streets I feel it's clear that this is not the right term.