English translation: full jurisdiction proceedings
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05:15 Feb 15, 2008
French to English translations [PRO] Law/Patents - Law (general)
French term or phrase:contentieux de pleine juridiction
DELAIS ET VOIES DE RECOURS
Le présent arreté est soumis à un contentieux de pleine juridiction.
Il peut etre déféré à la juridiction administrative:
Explanation: In France there are jurisdictions that only judge the way a decision was made . Like the Conseil d'Etat and the Cour de Cassation won't judge the facts of a case but will only judge the way the lower courts took their decision and either agree with it or "delete" it and send back the case to another lower court for a judgement to be made on the facts (sorry I know I don't sound too clear).
Well "pleine juridiction" means the Court has both the power to decide a case and "judge a lower court" if the decision was not taken in an appropriate manner. It also sometimes refers to regular Courts.
Well "contentieux de pleine juridiction"in your context means an administrative court (are you familiar with the "ordre administratif" and "ordre judiciaire" in France?) will have all powers: not only to strike a wrong decision but also for example to grant a remedy.
Regular administrative Courts will deal with this order. Hope it helps.
Callista Rose Local time: 04:04 Specializes in field Native speaker of: French