Sep 23, 2004 12:42
19 yrs ago
16 viewers *
English term

the Convention

English Other Law (general)
"Throughout the 1990s, progress in the field of PJCC was not swift, partly because of its subject-matter-criminal law and procedure, areas close to national sovereignty-and partly because of the cumbersome nature of the legal instruments available under the Third Pillar. These are common positions, framework decisions, decisions, and, in particular, the Convention, which all require unanimity and allow little involvement of the European Parliament, reflecting the inter-governmental nature of PJCC"

The term 'the Convention' appears quite a few times in the text. However, the author never explaines what kind of convention he is talking about. Therefore,a pronoun 'the' neither functions as anaphoric nor cataphoric reference.

Help!

Discussion

Non-ProZ.com Sep 23, 2004:
A few pages later: "Europol has no power to arrest suspects nor carry out investigations independently, nor may its officials carry weapons. On the other hand, it does have extensive powers to collect and store information on individuals, raising serious questions as to the effectiveness of data protection. In the international context, collection of data can be particularly susceptible to error and abuse. Moreover, under the Convention, Europol officials have powers of data collection beyond those needed to combat crime".
cmwilliams (X) Sep 23, 2004:
Good question! Could you give some more examples of how it is used in your text?
Alaa Zeineldine Sep 23, 2004:
It is treated like a name just like the Plaintiff, the Defendant, ... XXX Corp. hereinafter called "the Company", etc.
Non-ProZ.com Sep 23, 2004:
But, why the capital letter if its some unspecified legal instrument.
Non-ProZ.com Sep 23, 2004:
I understand what 'convention' means. I am asking about the full name of this particular one, mentioned in the quoted fragment.
Non-ProZ.com Sep 23, 2004:
Of course, I meant an article 'the'. Sorry!

Responses

+2
8 mins
Selected

The Convention of Police and Judicial Cooperation in Criminal Matters (PJCC),

This is the Convention the author is referring to.


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Note added at 10 mins (2004-09-23 12:53:05 GMT)
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I.e. it should be kept as \"the Convention\" and the equivalent in whatever language you\'re translating into. It\'s an EU Convention.
Peer comment(s):

agree Dorene Cornwell
17 hrs
Thanks
agree Robert Donahue (X)
219 days
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4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
5 mins

convention

Meaning of CONVENTION
Pronunciation: kun'venshun

Definition: [n] the act of convening

[n] orthodoxy as a consequence of being conventional
[n] something regarded as a normative example; "the convention of not naming the main character"; "violence is the rule not the exception"; "his formula for impressing visitors"
[n] (diplomacy) an international agreement
[n] a large formal assembly; "political convention"

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7 mins

agreement, treaty, or protocol

The use of the definite article indicates a convention that is know from the context.

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Note added at 8 mins (2004-09-23 12:51:07 GMT)
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\"that is known from the context\"
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12 mins

Convention

See point 4.3. I hope it helps
(pjcc=Police and Judicial Cooperation in Criminal matters)
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-1
8 mins

convention on the future of europe

Check this:

European Union - Reference Library
... Starting in March 2002, a Convention on the Future of ... Thus the third pillar has been
renamed Police and Judicial Co-operation in Criminal Matters, or PJCC. ...
www.campusprogram.com/reference/ en/wikipedia/e/eu/european_union.html - 39k - Cached - Similar pages

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Note added at 15 mins (2004-09-23 12:58:01 GMT)
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Also \"European Convention\"
Convention on the Future of Europe
The Convention on the Future of Europe (sometimes European Convention) was a new means by which the European Union wished to refine or change the way it works. It was akin to the existing European institutions, but had a set life-expectancy. It was set up at the Laeken Summit in December 2001 to enable a more democratic process of arriving at new treaties, by inviting representatives of governments, national parliaments, the European parliament and others. This in contrast to the \'old\' style of writing treaties, where governments at more than one occasion were prone to horse-trading. The current Convention finished its work on 18 July2003.

http://www.campusprogram.com/reference/en/wikipedia/c/co/con...

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Note added at 1 hr 49 mins (2004-09-23 14:32:06 GMT)
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From key words in your last note: \"Europol Convention\". See:

Council Act of 26 July 1995 drawing up the Convention on the establishment of a European Police Office (Europol Convention) [Official Journal C 316 of 27.11.1995].

SCADPlus: Europol Convention: European Police Office
... This Convention establishes a European Police Office ... the Deputy Directors and duly
empowered Europol officials. ... States to prevent and combat crime coming under ...
europa.eu.int/scadplus/leg/en/lvb/l14005b.htm - 26k - Cached - Similar pages
Peer comment(s):

disagree Marie Andersson (Allen) : That's not the name of the convention though
6 mins
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1 hr

see explanation

In this case, the Convention is a legal instrument, such as a decision or framework decision, and not any particular Convention:

Convention (Title VI of the EU Treaty)

Cooperation on justice and home affairs (Title VI of the EU Treaty) was introduced by the Treaty of Maastricht in 1993. This made provision for various specific instruments, including conventions. Since the entry into force of the Treaty of Amsterdam, conventions may only be used for police and judicial cooperation in criminal matters and they are now governed by new rules.

Based on the new Article 34 of the EU Treaty, a convention is adopted by unanimous decision of the Council after consulting the European Parliament and then ratified by the Member States in accordance with their respective constitutional procedures. After being ratified by at least half the Member States, a convention enters into force in those States.


Decision and framework decision (Title VI of the EU Treaty)

With the entry into force of the Treaty of Amsterdam, these new instruments under Title VI of the EU Treaty (Police and judicial cooperation in criminal matters) have replaced joint action. More binding and more authoritative, they should serve to make action under the reorganised third pillar more effective.

Framework decisions are used to approximate (align) the laws and regulations of the Member States. Proposals are made on the initiative of the Commission or a Member State and they have to be adopted unanimously. They are binding on the Member States as to the result to be achieved but leave the choice of form and methods to the national authorities.

http://europa.eu.int/scadplus/leg/en/cig/g4000c.htm#c27

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Note added at 3 hrs 32 mins (2004-09-23 16:15:27 GMT)
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Your second example must be referring to the EUROPOL Convention but I still think that in the first one it\'s just referring to the four types of legal instruments, i.e. common positions, framework decisions, decisions and conventions, or the Convention.
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