A noter : le procureur général de la Cour de cassation peut aussi saisir la Cour de lui-même s'il estime qu'une décision de justice est contraire à la loi. The only French court with a jurisdiction that covers the whole country but quite different from the British and American notion of a supreme court. The fundamental role played by the Revolution was to maintain this institution, despite the fact that it was losing its raison d’être, and transfer the powers that belonged to the Head of State to the courts. These lawyers hold official positions and are thus limited to a total of sixty. In other words it has a retroactive effect and thus calls into question the practices which it condemns. The Internet site of the Court of Cassation (www.courdecassation.fr) also provides a selection of judgments and opinions and publishes all the periodical information bulletins. Meski.D. sirachnn akalelkln betam enamesegnalen, I thank u Abrham you doing a great thing. Some lawyers are part of the Legal Aid Board while others examine criminal appeals to detect a possible ground for the lower court’s decision to be quashed. keep it. I would like to express my deep gratitude to the operators of this website, which helps me as student of public financial management more than what i can mention in words, i want of say thanks. A cardinal distinction, which is indeed of fundamental significance in the French legal system, must be drawn between the members of the Court and the members of the Public Prosecutor’s Office. The deputy prosecutors do not report directly to the General Prosecutor who does not give them instructions. These allow for an application for leave to file an emergency appeal to be lodged with the presiding judge of a criminal division under certain conditions. The requirement to provide legal reasoning does not only cover the obligation to formulate reasons in support of the decision, but also the obligation not to contradict themselves, not to use hypothetical or dubious grounds and not to use inoperative grounds, in other words which do not constitute a reply to the plea raised. It “deliberates on the areas which fall within its remit pursuant to laws and decrees”. The Court of Cassation has specialised lawyers who represent and defend litigants. Membership of the Bar Council is governed by strict conditions of aptitude and future lawyers have either to pass an examination after three years of training or benefit from prior professional expertise which is defined in accordance with very specific objective criteria. It must raise a serious difficulty and arise in a number of disputes. This is also the case if the division which heard the appeal initially reached a shared vote. Lorsque le pourvoi lui parait fondé en droit la cour de cassation annule, en tout ou partie, la décision prononcée (cassation). He hears decisions from the Legal Aid Board which are referred to him. Le pourvoi en cassation suppose que l'on attaque une décision rendue en premier et dernier ressort ou en dernier ressort. Cassation partielle : définition. the National Commission on Compensation for Wrongful Imprisonment which acts as a court of appeal against decisions by the presidents of the courts of appeal. The bench of the Court of Cassation varies depending on whether the request for an opinion concerns a civil or criminal case. This specialised court never rules on the facts of a case but is exclusively required to interpret a rule of law whether the said rule is substantive or procedural, or part of old or new legislation. abraham tanks more.can you send law dictonary, Learning in Jimma university is just same as burning during WW I. Mr. Abrahem , Thanks a lot, you always perform professionally without any interruption. Is there a place I should check online? C’est une juridiction unique : il n’y en a qu’une seule en France, siégeant à Paris. The Department now has its own European law monitoring unit allowing to answer the issues raised by domestic courts with regard to the application of European law. Federal Supreme Court Decisions Table of Contents (1-12) The latter, which is sent to all courts and courts of appeal, provides a summary of all the most important decisions or those which are of particular interest to the lower courts. God bless you for your work. It has jurisdiction … Secondly, the examination of appeals by the Chambre des requêtes was compulsory for all appeals except those in criminal cases whereas now only those appeals that are likely to fall within the scope of the non-admission procedure are considered by these benches. Hi.Mr.Abraham,thanks for all your effort. am a high court judge. Elle est établie à Bruxelles. By and large, the Court exercises legislative control through the replies it gives to grounds that there has been a violation of (civil or criminal) law or to grounds that the lower court’s decision lacked a legal basis (in civil cases). please send me 2015 & 2016 exit exam question papers! The procedure is strictly regulated and must comply with a certain number of conditions : In criminal cases, the Act of 25 June 2001 has laid down other restrictions relating to the nature of the disputes and the concern not to delay the adoption of a judgment when a defendant is being held in custody or is under judicial supervision. Thereafter they may be appealed before a court of appeal which re-examines all the factual and legal aspects of the case. Si la cour de renvoi ne se conforme pas à la décision de la Cour de cassation, un second pourvoi peut être formé et il sera alors jugé par l’Assemblée plénière de la Cour de cassation. In criminal cases, appeals in the interests of the law may either be ordered by the Minister of Justice or at the initiative of the General Prosecutor. Moreover, the legal and moral role played by this judicial body has led the legislator to entrust it with a variety of other tasks. La cour de renvoi statue par un nouvel arrêt rendu par une formation collégiale. Cette Notices’adresse donc en premier lieu aux étudiants. If the decision of the lower court is quashed it is quite naturally set aside and, save in exceptional circumstances where the decision is quashed without the right to appeal from the Court of Cassation’s judgment, the case has consequently to be heard again. The Court of Cassation (French: Cour de cassation [kuʁ də ka.sa.sjɔ̃]) is one of the four courts of last resort in France. This is why particular attention is paid to the way in which the Documentation and Research Department disseminates the case law. Courts of cassation do not re-examine the facts of a case, they only interpret the relevant law. , Abreham,i got what i need,Thank you for you have done everything. The term “limited bench” is used for the former and “section bench” for the latter. Federal Supreme Court Cassation Decisions volume 1-14 Table of contents, Federal Supreme Court Cassation Decisions volume 15 Table of contents, Federal Supreme Court Cassation Decisions volume 16 Table of contents, Federal Supreme Court Decisions Table of Contents (1-12), Federal Supreme Court Decisions Volume 1 2 3, Federal Supreme Court Decisions Volume 10, Federal Supreme Court Decisions Volume 11, Federal Supreme Court Decisions Volume 12, Federal Supreme Court Decisions Volume 13, Federal Supreme Court Decisions Volume 14, Federal Supreme Court Decisions Volume 15, Federal Supreme Court Cassation Decisions Volume 16, Federal Supreme Court Cassation Decisions Volume 17. This would represent a total of thirteen judges if a mixed division were comprised of judges from the three divisions. In principle, such a decision only concerns the appellant and the respondent. First of all, it streamlines the processing of cases and in this respect when appeals are referred to the various divisions it groups together cases which raise identical or similar issues. The structure of the Court of Cassation is naturally based on the fact that its role is to state the law. Please ABRISH send me the lovely cassation decisions volumes , proclamations & policies.10q heartidly. As the highest judicial officer in the country, the President is a pivotal figure whose views are listened to by the various State bodies and frequently represents the judiciary during national and international events. bonjour, après la cassation, ou quelque soit le moment, vous pouvez solliciter le premier président de la cour d'appel qui est concerné par votre affaire, mais pour que le recours en révision soit recevable, vous devez démontrer l'erreur judiciaire, decision ultra petita, abus de pouvoir, jugement par défaut, ou fraude, ou faux documents ou faux témoignages, bonne chance à tous. Thanks! In addition to the President or Deputy President, mixed divisions include four judges from each of the divisions (the presiding judge, the senior trial judge and two trial judges). Mr. Abraham,Many thanks for your blessed work!! It decides in particular on the number and duration of hearings and draws up the National Register of Experts. it is better to distribute laws to the massive community! It is fast and simple and although it naturally presupposes that a Judge-Rapporteur has carefully examined the case and that the Public Prosecutor’s Office has been consulted, the reasons behind decisions of non-admission need not be given. La Cour de cassation est la plus haute juridiction de l'ordre judiciaire français. in fact your contribution is of no substitution. i really appreciate your effort because you are doing what a dedicated citizen doing.keep it. See COUR DE CASSATION . Direct requests from parties are thus excluded. hi Abrish, it’s me Amalay. I would like to express my deep gratitude to the operators of this website, which helps students of law more than what i can mention in words, i want of say thanks, I need casstion decision case plese send to me. However, in order to function correctly it also requires an efficient administrative framework. In order to achieve this objective, the General Prosecutor benefits from significant privileges. La Cour de cassation : juge du droit. In civil cases, he may take the initiative of referring an irregular decision to the Court for it to be overturned “in the interests of the law”. A great task ,that can help any person Its role is to provide compensation for the detrimental consequences of a decision to remand a defendant in custody pending trial if and when the court proceedings in question have been terminated because the case was dismissed or the defendant was discharged or acquitted ; the Criminal Conviction Revision Commission which examines applications for the revision of a judgment. They take part in proceedings in an advisory capacity except when they are Judge-Rapporteur in which case they are entitled to vote. This Commission, which was set up by an Act dated June 15, 2000, verifies that the application for review is both admissible and well-founded before referring the case to a court of equal jurisdiction and nature as the court which issued the decision in breach of the European Convention for the Protection of Human Rights and Fundamental Freedoms ; the National Parole Board which was also created by the Act dated June 15, 2000. Then the court’s decision, in other words not only the general thrust of the judgment but also its actual wording (which is as important as the decision itself) is put to a majority vote. Indeed, the lower courts have sole discretion to assess these elements. The most senior divisional trial judge, who is called the doyen, supervises all cases. Could somebody please inform me whether these decisions are also available in English? This database will be expanded even further to include new pages. THE BAR COUNCIL OF THE COUNCIL OF STATE AND COURT OF CASSATION. This is quite exceptional. I do not have a word to express my filling about you Aller au contenu; Aller au menu; Aller au menu; Aller à la recherche; Menu Informations de mises à jour; Gestion des cookies; Nous contacter; Activer l’aide sur la page. Depending on the monetary value of the dispute, decisions from these courts are either deemed to be rendered at last instance if they involve minor claims or, as in the majority of cases, at first instance. thanks. 2e civ., 13 sept. 2018, n° 17-22.795 Juridiction : Cour de cassation Numéro(s) de pourvoi : 17-22.795 Importance : Inédit Décision précédente : Cour d'appel de Bordeaux, 8 juin 2017 Dispositif : Rejet Identifiant Légifrance : JURITEXT000037425038 Identifiant européen : ECLI:FR:CCASS:2018:C201113 Sur les personnes