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pls help me to understand the expression

English translation: I think it is the 'interprétation' of the legislation that has been given...

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12:03 Aug 5, 2004
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: pls help me to understand the expression
which one is "given"?
- une interprétation donnée ou
- la legislation donnée?

"Une chambre renvoie une affaire dont elle est saisie à la Grande chambre lorsqu’elle estime devoir s’écarter d’une interprétation de la législation applicable ***donnée*** dans une décision antérieure de la Grande chambre."

I am inclined to think it is "législation donnée", but I am not sure... Perhaps it would be simply awkward to say "...interprétation donnée de la législation..."
TIA,
Eva
Eva Blanar
Hungary
Local time: 08:10
English translation:I think it is the 'interprétation' of the legislation that has been given...
Explanation:
...in an earlier decision from the 'Upper Chamber' (or whatever...)

It seems to me this makes most sense: an earlier decision has established a certain interpretation of the legislation that can thenceforth be quoted as a precedent; therefore, when the 'chamber' finds itself at odds with this previous interpretation, it needs to refer back to the upper Chamber for clarification, etc.

I would not expect it to be the 'Upper chamber' that is giving the legislation itself, only the interpretation of it....
Selected response from:

Tony M
France
Local time: 08:10
Grading comment
Thanks a lot to all of you - I wish I could split the points :)
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +8I think it is the 'interprétation' of the legislation that has been given...
Tony M
4 +2it is the interpretation that is given 'to' the legislation
Abdellatif Bouhid
4brief translation providedkmaciel
4donnée - cited
Marian Greenfield


Discussion entries: 1





  

Answers


5 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +8
I think it is the 'interprétation' of the legislation that has been given...


Explanation:
...in an earlier decision from the 'Upper Chamber' (or whatever...)

It seems to me this makes most sense: an earlier decision has established a certain interpretation of the legislation that can thenceforth be quoted as a precedent; therefore, when the 'chamber' finds itself at odds with this previous interpretation, it needs to refer back to the upper Chamber for clarification, etc.

I would not expect it to be the 'Upper chamber' that is giving the legislation itself, only the interpretation of it....

Tony M
France
Local time: 08:10
Native speaker of: Native in EnglishEnglish
PRO pts in category: 243
Grading comment
Thanks a lot to all of you - I wish I could split the points :)

Peer comments on this answer (and responses from the answerer)
agree  Graham macLachlan: interprétation [de la législation applicable] donnée
4 mins
  -> Thanks, mactrad!

agree  Vicky Papaprodromou
4 mins
  -> Thanks, Vicky!

agree  xxxsarahl: right, I don't think this grande chambre, whatever it is, is a legislative body.
7 mins
  -> Thanks, Sarahl! That's the way I read it too...

agree  xxxBourth
10 mins
  -> Thanks, Alex!

agree  Guereau
12 mins
  -> Merci, Fréd

agree  HRiley: yes, I'm with you on this one
15 mins
  -> Thanks, HR!

agree  writeaway
38 mins
  -> Thanks, W/A!

agree  roneill
1 hr
  -> Thanks, Rónat!
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13 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
brief translation provided


Explanation:
A lower court must refer a case pending before it to the High Court, in the event where the lower court feels that it must depart from the way applicable statutory provisions were previously construed in precedent handed down by the High Court.
There are several possible variations to this:
...feels that it must depart from a previous interpretation of applicable law, followed in the case law of the High Court.
...feels that is must depart from interpretative precedent of the High Court in respect of applicable law/statutory provisions, etc.
I however feel that the solution I have provided above would be the most satisfactory in this case.
Hope that was helpful.

kmaciel
Italy
Local time: 08:10
Specializes in field
PRO pts in category: 23
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18 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
donnée - cited


Explanation:
I believe that they're saying "the applicable law cited in the whereas clauses of the previous ruling...."

Marian Greenfield
Local time: 02:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48
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53 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
it is the interpretation that is given 'to' the legislation


Explanation:
..

Abdellatif Bouhid
Local time: 02:10
Specializes in field
Native speaker of: Native in ArabicArabic, Native in FrenchFrench
PRO pts in category: 61

Peer comments on this answer (and responses from the answerer)
agree  Tony M: Yes, though I'd be rather inclined to say 'of', no?
53 mins

agree  Guereau: Right ! But late...
1 hr
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