Glossary entry

Italian term or phrase:

sede di legittimità

English translation:

on a construction summons (to the supreme court)

Added to glossary by volgil
Jun 9, 2016 22:53
7 yrs ago
14 viewers *
Italian term

sede di legittimità

Italian to English Law/Patents Law (general) Legal proceedings
Hi, I can't quite get my head round this - are they referring to the court? Thanks in advance
La mandata concessione non è dunque sindacabile in sede di legittimità

Discussion

James (Jim) Davis Jun 10, 2016:
More of the original Italian and some background might help.

Proposed translations

-1
7 hrs
Italian term (edited): in sede di legittimità
Selected

on a construction summons (to the supreme court)

does appear - from the previous answer that may be easily missed - to be a supreme court construction (of a document) vs. interpretation of a law.

A 'construction summons' addressed to a UK court is a way of asking the court to resolve a matter of doubt in a lease, will - or translation.
Example sentence:

....there is such a thing as a Construction Summons which relates to the construction or interpretation of the meaning of a contract

Peer comment(s):

disagree kmaciel : I fail to see what construction has to do with this query. The "concessione" is open to challenge before the Supreme Court, merely not on grounds of unconstitutionality. Sindacato di legittimità is a specific technical term in Italian law.
9 days
It is for the asker to pick an answer http://www.academia.edu/8215203/Interpretazione_del_contratt...
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4 KudoZ points awarded for this answer. Comment: "Thanks "
5 hrs

within the ambit of legitimacy

a suggestion
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-1
6 hrs
Italian term (edited): non è dunque sindacabile in sede di legittimità

cannot be challenged if its legitimacy is questioned

Need more context, more background
Peer comment(s):

disagree Maximiliano Marzetti, PhD : I respectfully disagree. "Sede di legitmità" refers to the appeal before the Italian Court of Appeal of Cassation, which can only review the legal interpretation of inferior court decisions, not the facts. See: https://www.laleggepertutti.it/174040_cosa-s
1518 days
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4 days

constitutional challenge

In the Italian legal system, not only laws but also official/administrative deeds and documents are open to challenge on the ground that they fall afoul of the Italian constitution "questione di legittimità costituzionale".
The sentence states that for some reason provided earlier in the text, the concession in question is not open to challenge on such grounds.

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Note added at 4 days (2016-06-14 17:19:13 GMT)
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I would translate the phrase as "... is accordingly not open to constitutional challenge".

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Note added at 10 days (2016-06-20 08:50:18 GMT) Post-grading
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Regarding Adrian's comment: The asker asked the question because he doesn't know the answer. My entire point was that the asker has been misled. I don't see what you're additional citation seems to have to do with the query. At the very most, it merely confirms my point about "sindacato di legittimità".
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