Hello.
Can anyone please explain to me the rules on the usage of “provided by law” and “provided for by law”?
Here is a sentence from the Nebraska constitution:
“The officers provided for in this article shall receive such salaries as may be provided by law.”
When do I have to use provided for by law and when do I have to use provided by law?
Would it be correct to say “the officers provided in this article” or “the officers provided (i.e., mentioned) under the law”?
Thank you.
Victor
As far as I can judge, we’re dealing there with different meanings of ‘provide’: “as provided by law” = as specified in the law/ as contained in the statutes; “the officers provided for” = those officers who receive means of support (whom the State of Nebraska provides for).
To escape legalese, you could read it as: “The officers whom this article [of Constitution] gives the right to be provided for, shall receive such salaries as specified in the law”.
Thank you for your answer.
The problem is that I’ve seen both versions used with the same meaning: specified by law / contained in a law.
Here is an example from an official document of the European Union:
"Unless otherwise provided by law, parties (claimant, defendant, third party) may participate in proceedings in person or through a representative with active legal capacity in civil proceedings. "
"A legal entity is represented in court by a member of its management board (legal representative), unless otherwise provided for in law or in its articles of association. "
e-justice.europa.eu/content_how … o?member=1
What is the difference between the two?
One last example:
“Without prejudice to the specific conditions provided by law in each case, police licences shall be refused to:”
“According to the Commission, the fact that a Questore may, pursuant to Article 9 of the Consolidated Law, impose requirements in addition to those provided for by law,”
eur-lex.europa.eu/legal-content/ … 2005CJ0134
What is the rule behind these examples?
Yes, I am trying to avoid legalese as much as possible, but many times it is impossible.