Aug 6 08:43
1 mo ago
27 viewers *
Spanish term
sección (del Tribunal Supremo de España)
FVA
Spanish to English
Law/Patents
Law (general)
"Por ejemplo, en las Sentencias TS (Sala de lo Penal, Sección 1ª) Sentencia num. 135/2014 de 26 febrero, TS (Sala de lo Penal, Sección 1ª) Sentencia num. 757/2014 de 18 noviembre y TS (Sala de lo Penal, Sección 1ª) Sentencia num. 104/2015 de 25 febrero."
It is my understanding that in the case of the Audiencias Provinciales, "sección" refers to a panel of judges. Is this also the case for the Supreme Court of Spain?
It is my understanding that in the case of the Audiencias Provinciales, "sección" refers to a panel of judges. Is this also the case for the Supreme Court of Spain?
Proposed translations
(English)
4 +3 | Panel (of a Division of the Spanish Supreme Court) | Rebecca Jowers |
4 | (Magisterial ) Chamber (of the Spanish Supreme Court) | Andrew Bramhall |
3 | section | Charles Davis |
Proposed translations
+3
1 hr
Selected
Panel (of a Division of the Spanish Supreme Court)
The Spanish Supreme Court is divided into five "Salas" (Divisions) ("Civil," "Penal," "Contencioso Administrativo," "Social" and "Militar") that each have a different number of judges ("magistrados"). When adjudicating cases the judges sit in "secciones" (in English, "panels"), usually of three "magistrados."
For example, "Sala de lo Penal, Sección 1ª" might be rendered as First Panel of the Criminal Division (of the Spanish Supreme Court).
In case it may be of interest for the text you're translating, here is some additional info on Spanish court terminology from my blog, comparing and contrasting Spanish terms ("sala;" "sección;" "sede;" "cámara") with related English terms (division; panel; chamber; courtroom; courthouse):
"Sala," "sección," and "sede" are used variously to describe the physical and organizational divisions of Spanish courts. When referring to the overall jurisdictional organization of courts, "sala" is perhaps best translated as “division.” For example, the Spanish Supreme Court ("Tribunal Supremo") is divided into five "salas" (or "jurisdicciones"): "Sala Primera, de lo Civil" (Civil Division); "Sala Segunda, de lo Penal" (Criminal Division); "Sala Tercera, de lo Contencioso-Administrativo" (Administrative Division); "Sala Cuarta, de lo Social" (Labor Division) and "Sala Quinta, de lo Militar" (Military Division). In this context the expression la Sala en pleno refers to a sitting of all of the judges in a given court division. And, thus, "el Pleno del Tribunal" or "el Tribunal en Pleno" denotes the “full court,” “en banc court” or “court en banc”, i.e., a session attended by all of the judges on a given court.
"Sala" can also refer to a panel of (usually three) judges who adjudicate cases. In this sense "sala" is a synonym of "tribunal," since "tribunal" may refer to a court, or to a panel of three judges. "Sección"is likewise used in this context to describe judges sitting in panels. In that regard and as an example, the Spanish Constitutional Court ("Tribunal Constitucional") may meet "en pleno" (the full court of 12 judges), in two "salas" (half-court panels of six judges), or in four "secciones" (three-judge panels).
In other respects, the expression "sala de gobierno" refers to the panel or committee of judges ("magistrados") who decide administrative and organizational matters in their respective courts (such as the "Tribunal Supremo," the "Tribunales Superiores de Justicia" in each Autonomous Community and the "Audiencia Nacional"). The duties of the "salas de gobierno" include, among others, approving case assignment rules ("normas de reparto"), nominating and appointing judges "pro tempore" ("magistrados suplentes" and "jueces de provision temporal"), and exercising the disciplinary powers ("facultades disciplinarias") vested in them in the "Ley Orgánica del Poder Judicial."
In other respects,"sala" in the expression "sala de vistas" denotes a “courtroom.” Thus, the expression "Sala de Vistas de la Sala Segunda del Tribunal Supremo" refers to a specific courtroom within the Criminal Division of the Supreme Court.
Although “chamber” is not often used to describe the jurisdictional or organizational divisions of US and English courts, many bilingual sources translate "sala" literally as “chamber,” perhaps due to the fact that it is used in several European courts in which French is an official language. For example, at the European Court of Human Rights a 7-judge panel is known as a “chamber,” while a 17-judge panel is a “Grand Chamber” ("Grande Chambre" in French). Likewise panels of three to five judges on the Court of Justice of the European Union are known as “chambers,” and its 13-judge panels are “Grand Chambers.”
In contrast, in Anglo-American jurisdictions “chambers” (always plural) is not used to denote the divisions of courts, but rather often denotes a judge’s private offices at a courthouse. Thus, an “in-chambers conference” refers to a meeting with a judge in his offices, rather than in the courtroom. By extension the Latin expression “in camera” (“in chambers”) means “in private,” and an “in camera hearing”* refers to a hearing from which the public has been excluded ("audiencia a puerta cerrada") as opposed to a “hearing in open court” or “public hearing” ("audiencia pública"). In British English “chambers” may also denote the offices of a barrister or a group of barristers.
In the context of parliamentary practice "cámara" is not “chamber,” but rather is more often rendered as “house:” "cámara alta" (upper house); "cámara baja" (lower house); "Cámara de los Lores" (House of Lords); "Cámara de los Comunes" (House of Commons), etc.
And finally, "sede" often denotes the physical location of a court, the “courthouse” itself and, depending on the context, the often seen expression "en sede judicial" may be translated as “at the court,” “in court,” “before the judge,” or simply with the adjective “judicial:” "Declaró en sede judicial" (he testified in court/before the judge); "comparecer en sede judicial" (to appear in court); "determinación de responsibilidad civil en sede judicial" (judicial determination of civil liability), etc.
By extension, if "en sede judicial" means "en el tribunal," then "en sede policial" must likewise mean "en comisaría," while "en sede parliamentaria" denotes "en el Parlamento." Although widely used in the press, this peculiar use of “en sede” has been described as a “cursilería” (Antonio Burgos, ABC, 5 July 2004) and as “abusivo y repetitivo” (Fundéu).
*With the terminology reform initiated in the Civil Procedure Act 1997, in England and Wales an "in camera hearing" is now known as a “hearing in private.”
https://rebeccajowers.com/2018/10/12/translating-spanish-eng...
For example, "Sala de lo Penal, Sección 1ª" might be rendered as First Panel of the Criminal Division (of the Spanish Supreme Court).
In case it may be of interest for the text you're translating, here is some additional info on Spanish court terminology from my blog, comparing and contrasting Spanish terms ("sala;" "sección;" "sede;" "cámara") with related English terms (division; panel; chamber; courtroom; courthouse):
"Sala," "sección," and "sede" are used variously to describe the physical and organizational divisions of Spanish courts. When referring to the overall jurisdictional organization of courts, "sala" is perhaps best translated as “division.” For example, the Spanish Supreme Court ("Tribunal Supremo") is divided into five "salas" (or "jurisdicciones"): "Sala Primera, de lo Civil" (Civil Division); "Sala Segunda, de lo Penal" (Criminal Division); "Sala Tercera, de lo Contencioso-Administrativo" (Administrative Division); "Sala Cuarta, de lo Social" (Labor Division) and "Sala Quinta, de lo Militar" (Military Division). In this context the expression la Sala en pleno refers to a sitting of all of the judges in a given court division. And, thus, "el Pleno del Tribunal" or "el Tribunal en Pleno" denotes the “full court,” “en banc court” or “court en banc”, i.e., a session attended by all of the judges on a given court.
"Sala" can also refer to a panel of (usually three) judges who adjudicate cases. In this sense "sala" is a synonym of "tribunal," since "tribunal" may refer to a court, or to a panel of three judges. "Sección"is likewise used in this context to describe judges sitting in panels. In that regard and as an example, the Spanish Constitutional Court ("Tribunal Constitucional") may meet "en pleno" (the full court of 12 judges), in two "salas" (half-court panels of six judges), or in four "secciones" (three-judge panels).
In other respects, the expression "sala de gobierno" refers to the panel or committee of judges ("magistrados") who decide administrative and organizational matters in their respective courts (such as the "Tribunal Supremo," the "Tribunales Superiores de Justicia" in each Autonomous Community and the "Audiencia Nacional"). The duties of the "salas de gobierno" include, among others, approving case assignment rules ("normas de reparto"), nominating and appointing judges "pro tempore" ("magistrados suplentes" and "jueces de provision temporal"), and exercising the disciplinary powers ("facultades disciplinarias") vested in them in the "Ley Orgánica del Poder Judicial."
In other respects,"sala" in the expression "sala de vistas" denotes a “courtroom.” Thus, the expression "Sala de Vistas de la Sala Segunda del Tribunal Supremo" refers to a specific courtroom within the Criminal Division of the Supreme Court.
Although “chamber” is not often used to describe the jurisdictional or organizational divisions of US and English courts, many bilingual sources translate "sala" literally as “chamber,” perhaps due to the fact that it is used in several European courts in which French is an official language. For example, at the European Court of Human Rights a 7-judge panel is known as a “chamber,” while a 17-judge panel is a “Grand Chamber” ("Grande Chambre" in French). Likewise panels of three to five judges on the Court of Justice of the European Union are known as “chambers,” and its 13-judge panels are “Grand Chambers.”
In contrast, in Anglo-American jurisdictions “chambers” (always plural) is not used to denote the divisions of courts, but rather often denotes a judge’s private offices at a courthouse. Thus, an “in-chambers conference” refers to a meeting with a judge in his offices, rather than in the courtroom. By extension the Latin expression “in camera” (“in chambers”) means “in private,” and an “in camera hearing”* refers to a hearing from which the public has been excluded ("audiencia a puerta cerrada") as opposed to a “hearing in open court” or “public hearing” ("audiencia pública"). In British English “chambers” may also denote the offices of a barrister or a group of barristers.
In the context of parliamentary practice "cámara" is not “chamber,” but rather is more often rendered as “house:” "cámara alta" (upper house); "cámara baja" (lower house); "Cámara de los Lores" (House of Lords); "Cámara de los Comunes" (House of Commons), etc.
And finally, "sede" often denotes the physical location of a court, the “courthouse” itself and, depending on the context, the often seen expression "en sede judicial" may be translated as “at the court,” “in court,” “before the judge,” or simply with the adjective “judicial:” "Declaró en sede judicial" (he testified in court/before the judge); "comparecer en sede judicial" (to appear in court); "determinación de responsibilidad civil en sede judicial" (judicial determination of civil liability), etc.
By extension, if "en sede judicial" means "en el tribunal," then "en sede policial" must likewise mean "en comisaría," while "en sede parliamentaria" denotes "en el Parlamento." Although widely used in the press, this peculiar use of “en sede” has been described as a “cursilería” (Antonio Burgos, ABC, 5 July 2004) and as “abusivo y repetitivo” (Fundéu).
*With the terminology reform initiated in the Civil Procedure Act 1997, in England and Wales an "in camera hearing" is now known as a “hearing in private.”
https://rebeccajowers.com/2018/10/12/translating-spanish-eng...
4 KudoZ points awarded for this answer.
Comment: "First validated answer (validated by peer agreement)"
20 mins
(Magisterial ) Chamber (of the Spanish Supreme Court)
For example, in Judgments SC (Criminal Chamber, 1st Chamber) Judgment no. 135/2014 of 26th February, SC (1st Criminal Chamber, ) Judgment no. 757/2014 of 18th November and SC ( 1st Criminal Chamber,) Judgment no. 104/2015 of 25th February.
Please scroll down this link:
https://en.wikipedia.org/wiki/Supreme_Court_of_Spain
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Note added at 53 mins (2024-08-06 09:36:44 GMT)
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Neither the Constitution of 1812 or the current Spanish Constitution specify the number of justices. The Supreme Court of Justice Act of 1814 established a high court consisting of 16 "ministers" distributed in three chambers.[2] This act hardly took effect due to the restoration of absolutism in 1814, although it was in force between 1820 and 1823. In 1834, it was restored with the name of Supreme Court of Spain and Indies and it was established the same composition.[3] In 1864, the Court was divided into two chambers and the number of magistrates grows up to 25.[4]
In 1868, it was created the Third Chamber to know the issues related to the public administrations (administrative law).[5] In 1870 the number of magistrates grow again to 33 distributed in four chambers; one for civil cases, two for criminal cases and one for administrative cases. Between 1875 and 1904 the administrative jurisdiction was transferred to the Council of State.
In 1931, the Republic divided the Court into six chambers: First Chamber for Civil Law, Second Chamber of Criminal Law, Third and Fourth Chambers for Administrative Law, Fifth Chamber for Laboral Law and Sixth Chamber for Military Law, and the number of magistrates was up to 40.[6][7] In the current democratic period, the Court is divided into five chambers and neither the Constitution or the Organic Judiciary Act specifies the number of magistrates. According to 2017 data, the Court was composed by 79 magistrate
Please scroll down this link:
https://en.wikipedia.org/wiki/Supreme_Court_of_Spain
--------------------------------------------------
Note added at 53 mins (2024-08-06 09:36:44 GMT)
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Neither the Constitution of 1812 or the current Spanish Constitution specify the number of justices. The Supreme Court of Justice Act of 1814 established a high court consisting of 16 "ministers" distributed in three chambers.[2] This act hardly took effect due to the restoration of absolutism in 1814, although it was in force between 1820 and 1823. In 1834, it was restored with the name of Supreme Court of Spain and Indies and it was established the same composition.[3] In 1864, the Court was divided into two chambers and the number of magistrates grows up to 25.[4]
In 1868, it was created the Third Chamber to know the issues related to the public administrations (administrative law).[5] In 1870 the number of magistrates grow again to 33 distributed in four chambers; one for civil cases, two for criminal cases and one for administrative cases. Between 1875 and 1904 the administrative jurisdiction was transferred to the Council of State.
In 1931, the Republic divided the Court into six chambers: First Chamber for Civil Law, Second Chamber of Criminal Law, Third and Fourth Chambers for Administrative Law, Fifth Chamber for Laboral Law and Sixth Chamber for Military Law, and the number of magistrates was up to 40.[6][7] In the current democratic period, the Court is divided into five chambers and neither the Constitution or the Organic Judiciary Act specifies the number of magistrates. According to 2017 data, the Court was composed by 79 magistrate
Note from asker:
I'm still confused; it looks like the Criminal Division is the second chamber, not the first. It seems like "Sección 1a" is referring to something within the Criminal Chamber itself |
1 hr
section
Note that this is a section of the Sala de lo Penal, not a section of the whole Supreme Court.
The salas are usually referred to either as chambers or as divisions in English. (To my great surprise, the English translation of the Spanish Constitution published in the BOE, which presumably has some kind of official status, refers to the Sala Segunda/de lo Penal as the "Criminal Section of the Supreme Court", but I certainly wouldn't advise doing so).
https://www.tribunalconstitucional.es/es/tribunal/normativa/...
At least some of the salas are further subdivided into "secciones". These seem to be commonly referred to as "sections" in English. Here are a couple of examples:
From an International Criminal Court judgment:
"As an example of a civil law jurisdiction, see. Spain. Supreme Court (Criminal Division, Section 1). Sentence 1394/2009, 25 January 2010"
https://www.icc-cpi.int/sites/default/files/CourtRecords/CR2...
"Spain, Supreme Court, Criminal Chamber, Section 1, Rec 1354/2018 (Tribunal Supremo, Sala de lo Penal, Sección 1, Rec 1354/2018),
Judgment No. 162/2019, 26 March 2019."
https://fra.europa.eu/sites/default/files/fra_uploads/fra-20...
I can't find anyone calling them "panels". Since it's not clear (to me) exactly what they are, I would be inclined to go with the flow and call them "sections". Probably you don't use the same word for both sala and sección, I think you should be ok.
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Note added at 1 hr (2024-08-06 10:19:27 GMT)
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In my last sentence above I meant to put "Provided you don't use thesame word,,,"
The salas are usually referred to either as chambers or as divisions in English. (To my great surprise, the English translation of the Spanish Constitution published in the BOE, which presumably has some kind of official status, refers to the Sala Segunda/de lo Penal as the "Criminal Section of the Supreme Court", but I certainly wouldn't advise doing so).
https://www.tribunalconstitucional.es/es/tribunal/normativa/...
At least some of the salas are further subdivided into "secciones". These seem to be commonly referred to as "sections" in English. Here are a couple of examples:
From an International Criminal Court judgment:
"As an example of a civil law jurisdiction, see. Spain. Supreme Court (Criminal Division, Section 1). Sentence 1394/2009, 25 January 2010"
https://www.icc-cpi.int/sites/default/files/CourtRecords/CR2...
"Spain, Supreme Court, Criminal Chamber, Section 1, Rec 1354/2018 (Tribunal Supremo, Sala de lo Penal, Sección 1, Rec 1354/2018),
Judgment No. 162/2019, 26 March 2019."
https://fra.europa.eu/sites/default/files/fra_uploads/fra-20...
I can't find anyone calling them "panels". Since it's not clear (to me) exactly what they are, I would be inclined to go with the flow and call them "sections". Probably you don't use the same word for both sala and sección, I think you should be ok.
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Note added at 1 hr (2024-08-06 10:19:27 GMT)
--------------------------------------------------
In my last sentence above I meant to put "Provided you don't use thesame word,,,"
Something went wrong...