ritenuta la propria competenza,

English translation: accept / having accepted its own inherent jurisdiction

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:ritenere/ ritenuta la propria competenza
English translation:accept / having accepted its own inherent jurisdiction
Entered by: Adrian MM.

09:48 May 25, 2020
Italian to English translations [PRO]
Law/Patents - Law (general)
Italian term or phrase: ritenuta la propria competenza,
16) chiede che
VOGLIA L'ILL.MO SIG. GIUDICE DEL TRIBUNALE
ritenuta la propria competenza,
...
INGIUNGERE


Buongiorno, ho trovato diversi kudoz per "having jurisdiction" ecc., ma credo sia più corretto "being competent", perché a mio avviso sono due concetti diversi.

Grazie.
Ivana Giuliani
Italy
Local time: 12:19
accept / having accepted inherent jurisdiction (to hear the case)
Explanation:
a court / judge can also (NB native English translators & interpreters) *decline* jurisdiction ratione loci / territorially or materiae / by reason of the subject-matter = refuse to try a case.

Here, INGIUNGERE suggests as in E&W applications ('claims') for a restraining (prohibitive) or mandatory (must-do) injunction, that the judge is exercising the court's own inherent jurisdiction to hear what might possibly be an application for an interim order.


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Note added at 7 heures (2020-05-25 17:48:22 GMT)
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Notes:

1. Competenza means the court is one of 'competent jurisdiction'

2. literal translation for competenza based on the last ProZ answer: having retained his or its own authority

3. in FRE: retenir une affaire > decide to proceed with a case (Bridge's Council of Europe Legal Glossary)

and

4. in SPA: retener competencia > a court retains jurisidiction over a case (Butterworth's legal dictionary).
Selected response from:

Adrian MM.
United Kingdom
Grading comment
3 KudoZ points were awarded for this answer



Summary of answers provided
4 +1accept / having accepted inherent jurisdiction (to hear the case)
Adrian MM.


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
ritenere / ritenuta la propria competenza
accept / having accepted inherent jurisdiction (to hear the case)


Explanation:
a court / judge can also (NB native English translators & interpreters) *decline* jurisdiction ratione loci / territorially or materiae / by reason of the subject-matter = refuse to try a case.

Here, INGIUNGERE suggests as in E&W applications ('claims') for a restraining (prohibitive) or mandatory (must-do) injunction, that the judge is exercising the court's own inherent jurisdiction to hear what might possibly be an application for an interim order.


--------------------------------------------------
Note added at 7 heures (2020-05-25 17:48:22 GMT)
--------------------------------------------------

Notes:

1. Competenza means the court is one of 'competent jurisdiction'

2. literal translation for competenza based on the last ProZ answer: having retained his or its own authority

3. in FRE: retenir une affaire > decide to proceed with a case (Bridge's Council of Europe Legal Glossary)

and

4. in SPA: retener competencia > a court retains jurisidiction over a case (Butterworth's legal dictionary).

Example sentence(s):
  • In addition to the existence of detailed court rules pursuant to which litigation proceeds, the Irish courts have 'inherent jurisdiction' at their disposal, which allows them to take certain steps with regard to the conduct of proceedings.

    Reference: http://eng.proz.com/kudoz/italian-to-english/law-general/165...
    Reference: http://en.wikipedia.org/wiki/Inherent_jurisdiction
Adrian MM.
United Kingdom
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 180
Notes to answerer
Asker: Competenza e giurisdizione non sono la stessa cosa.


Peer comments on this answer (and responses from the answerer)
agree  philgoddard: I don't think "inherent" is necessary.
51 mins
  -> Grazie and thanks, but 'inherent' gets round the perceived 'la propia' problem, namely whether it his Hono(u)r's or its >> the court's own jurisdiction.
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