Search results
Results From The WOW.Com Content Network
The Court of Cassaction itself only judges matters of law; it does not re-try the facts a third time. The French legal system distinguishes between civil jurisdictions charged with litigation between persons, and; criminal jurisdictions, which judge accusations of criminality and may apply sanctions pénales, criminal penalties.
France's independent court system enjoys special statutory protection from the executive branch. Procedures for the appointment, promotion, and removal of judges vary depending on whether it is for the ordinary ("judiciaire") or the administrative stream. Judicial appointments in the judicial stream must be approved by a special panel, the High ...
After the French Revolution, the Conseil d'Etat was abolished and replaced with a new court system that was based on separation of powers. In the 19th century, the court system was further reorganized and the Conseil d'Etat was re-established as the main administrative court. In the 20th century, several reforms were implemented to improve the ...
The building of the Court of Cassation. The prosecution, or parquet général, is headed by the Chief Prosecutor (procureur général). [c] The Chief Prosecutor is a judicial officer, but does not prosecute cases; instead, his function is to advise the Court on how to proceed, analogous to the Commissioner-in-Council's [d] role within the Conseil d'État (lit.
The differences between French case law and case law in common law systems appear to be: (1) it is not cited in the highest courts; [5] [17] [18] [19] (2) lower courts are theoretically free to depart from higher courts, although they risk their decisions being overturned; [5] and (3) courts must not solely cite case law as a basis of decision ...
Schema showing jurisdictional dualism in the French legal system. France has a dual system of law: one system deals with private relationships, and is sometimes called "private law" (droit privé) or "ordinary law" (droit commun), and the other system which covers administrative officials, and is called "administrative law" (droit administratif).
In penal matters, courts of appeal accept correctional and police tribunal appeals. With the reform of 1958, the courts of appeals became the only appellate courts for the ordinary court system. The exceptions (assizes appeal court, National Court of incapacity and of workplace injury et National court to retain safety) were re-created afterwards.
These ordinary courts mainly deals with civil and criminal cases, and are composed of judges called 'magistrates (French: Magistrat)' educated from French National School for the Judiciary, while judges composing administrative court and constitutional court are usually not trained in French National School for the Judiciary.