This document provides an overview of civil law court structures and key courts in France and Germany. It discusses that civil law systems typically have multiple sets of specialized courts with their own jurisdictions, including administrative courts separate from ordinary courts.
In France, the highest ordinary court is the Cour de Cassation, which reviews lower courts for legal errors but not factual determinations. Key administrative courts include the Council of State and separate administrative courts. The Constitutional Council reviews legislation for constitutionality.
Germany also maintains separate court branches for ordinary, labor, tax, social, and administrative matters. While ordinary appeals go to the Federal Court of Justice, each branch has its own federal court. All courts are subject to review by the Federal Constitutional Court
Conference "The Citizen in European Private Law: Norm-Setting, Enforcement and Choice", Maastricht University, Faculty of Law, 18 October 2013.
Presentation Veerle Van Den Eeckhout "Choice and regulatory competition - Rules on choice of law and forum"
Conference "The Citizen in European Private Law: Norm-Setting, Enforcement and Choice", Maastricht University, Faculty of Law, 18 October 2013.
Presentation Veerle Van Den Eeckhout "Choice and regulatory competition - Rules on choice of law and forum"
This is a brandnew presentation how explains some of the many differences you can encounter between the common and civil law. To view the animations you have to download the file.
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Internationalization of Law & Enforcement
By: Lena Waloszek
www.lawofthefuture.org
The Private International Law Dimension of the UN Principles on Business and ...Veerle Van Den Eeckhout
Powerpoint-presentation
at Lausanne, 10 October 2014
Conference "The Implementation of the UN Principles on Business and Human Rights in Private International Law"
( see http://www.isdc.ch/d2wfiles/document/4713/4018/0/Human%20Rights%20in%20PIL-%2010-10-2014.pdf at http://www.isdc.ch )
Abstract:
In the reports on Business and Human Rights by John Ruggie, "access to remedies cq access to justice" appears to be a key element.
Rules of Private International Law can be seen as key factors in achieving access to remedies cq access to justice: PIL rules act like hinges that allow doors - granting access to a specific court and to a specific legal norm - to be opened or to be kept closed; thus, as PIL deals with issues of international jurisdiction and applicable law, PIL rules are of paramount importance in determining access to a specific court and access to a specific legal norm.
In his Guiding Principles, Ruggie addresses the responsibility of States for issuing suitable legislation and ‘access to remedies’; it may be well argued that PIL legislation (rules on jurisdiction and applicable law) and the interpretation of this legislation should also be examined in this context.
In the presentation the focus will be on the hypothesis that plaintiffs want to bring an action before a EU Member State court. When focusing on this hypothesis, one can observe that at least some PIL-aspects are covered by rules of PIL of European origin (the regulation of some other aspects is still left to the EU- Member States themselves). To what extent do these rules allow or deny access to remedies cq access to justice?
In the presentation, some rules and issues of (mainly) European PIL - both jurisdiction and applicable law - that deserve attention from this perspective will be highlighted in an introductory way.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
This is a brandnew presentation how explains some of the many differences you can encounter between the common and civil law. To view the animations you have to download the file.
Law of the Future 2011
23 & 24 June 2011, Peace Palace, The Hague, The Netherlands
Title: Internationalization of Law & Enforcement
By: Lena Waloszek
www.lawofthefuture.org
The Private International Law Dimension of the UN Principles on Business and ...Veerle Van Den Eeckhout
Powerpoint-presentation
at Lausanne, 10 October 2014
Conference "The Implementation of the UN Principles on Business and Human Rights in Private International Law"
( see http://www.isdc.ch/d2wfiles/document/4713/4018/0/Human%20Rights%20in%20PIL-%2010-10-2014.pdf at http://www.isdc.ch )
Abstract:
In the reports on Business and Human Rights by John Ruggie, "access to remedies cq access to justice" appears to be a key element.
Rules of Private International Law can be seen as key factors in achieving access to remedies cq access to justice: PIL rules act like hinges that allow doors - granting access to a specific court and to a specific legal norm - to be opened or to be kept closed; thus, as PIL deals with issues of international jurisdiction and applicable law, PIL rules are of paramount importance in determining access to a specific court and access to a specific legal norm.
In his Guiding Principles, Ruggie addresses the responsibility of States for issuing suitable legislation and ‘access to remedies’; it may be well argued that PIL legislation (rules on jurisdiction and applicable law) and the interpretation of this legislation should also be examined in this context.
In the presentation the focus will be on the hypothesis that plaintiffs want to bring an action before a EU Member State court. When focusing on this hypothesis, one can observe that at least some PIL-aspects are covered by rules of PIL of European origin (the regulation of some other aspects is still left to the EU- Member States themselves). To what extent do these rules allow or deny access to remedies cq access to justice?
In the presentation, some rules and issues of (mainly) European PIL - both jurisdiction and applicable law - that deserve attention from this perspective will be highlighted in an introductory way.
Class lecture from the course Principles of Equity, Trust and Roman Law conducted for first year students at Jahangirnagar University
Learning Outcome: Students will understand how the separate court systems of common law and equity were conflicting with each other and how Judicature Act was enacted to avert the difficulties
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Macroeconomics- Movie Location
This will be used as part of your Personal Professional Portfolio once graded.
Objective:
Prepare a presentation or a paper using research, basic comparative analysis, data organization and application of economic information. You will make an informed assessment of an economic climate outside of the United States to accomplish an entertainment industry objective.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Model Attribute Check Company Auto PropertyCeline George
In Odoo, the multi-company feature allows you to manage multiple companies within a single Odoo database instance. Each company can have its own configurations while still sharing common resources such as products, customers, and suppliers.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
6. Court structures
• More than one set of courts
• Each with own jurisdiction
• Administrative courts
7. Court structures
• More than one set of courts
• Each with own jurisdiction
• Administrative courts
• “Ordinary” courts
8. Court structures
• More than one set of courts
• Each with own jurisdiction
• Administrative courts
• “Ordinary” courts
• Contrast common law
– Pyramid structure
14. France: Ordinary courts
• Civil courts
– Tribunaux d’instance
– Tribunaux de Grande instance (above €10,000
unless specialist jurisdiction; to be consolidated)
– Irish equivalent?
15. France: Ordinary courts
• Civil courts
– Tribunaux d’instance
– Tribunaux de Grande instance (above €10,000
unless specialist jurisdiction; to be consolidated)
– Irish equivalent?
• Commercial: tribunaux de commerce
– Disputes between traders over money
– Not career judges – lay judges elected by local
business community
– Irish equivalent?
– No separate commercial courts in all civil law
jurisdictions eg Italy
16. France: Ordinary courts
• Civil courts
– Tribunaux d’instance
– Tribunaux de Grande instance (above €10,000
unless specialist jurisdiction; to be consolidated)
– Irish equivalent?
• Commercial: tribunaux de commerce
– Disputes between traders over money
– Not career judges – lay judges elected by local
business community
– Irish equivalent?
– No separate commercial courts in all civil law
jurisdictions eg Italy
• Absorbed Ecclesiastical courts
18. France: Ordinary courts
• Employment tribunals: Conseil de prud’hommes
– Lay judges, representing employers and employees
– Irish equivalent?
19. France: Ordinary courts
• Employment tribunals: Conseil de prud’hommes
– Lay judges, representing employers and employees
– Irish equivalent?
• Variety of other courts of first instance eg social
security, disability
20. France: Ordinary courts
• Employment tribunals: Conseil de prud’hommes
– Lay judges, representing employers and employees
– Irish equivalent?
• Variety of other courts of first instance eg social
security, disability
• Courts of appeal: general jurisdiction
23. French court structure: Cour de
cassation
• Highest court of “ordinary” courts
• Civil, criminal matters
24. French court structure: Cour de
cassation
• Highest court of “ordinary” courts
• Civil, criminal matters
• Origins: Tribunal de cassation
– Function to ensure courts don’t deviate from text of
legislation
– Originally courts referred doubtful questions of
construction to legislature
– This changed quickly: became proper court (cour)
27. French court structure: Cour de
cassation
• Can construe statutes
• Can quash judgments of lower ordinary courts
28. French court structure: Cour de
cassation
• Can construe statutes
• Can quash judgments of lower ordinary courts
• Can’t substitute its view on the merits
29. French court structure: Cour de
cassation
• Can construe statutes
• Can quash judgments of lower ordinary courts
• Can’t substitute its view on the merits
• Lower court not bound to follow view in the first
instance, but bound in the second instance
– Contrast eg Corte di Cassozione in Italy
31. French Cour de cassation
• Only answers questions of law, not fact
32. French Cour de cassation
• Only answers questions of law, not fact
• Structure
33. French Cour de cassation
• Only answers questions of law, not fact
• Structure
• Over 80 trial judges (conseillers)
34. French Cour de cassation
• Only answers questions of law, not fact
• Structure
• Over 80 trial judges (conseillers)
• 40 case management judges (conseillers
référendaires)
35. French Cour de cassation
• Only answers questions of law, not fact
• Structure
• Over 80 trial judges (conseillers)
• 40 case management judges (conseillers
référendaires)
• Office of the prosecutor (parquet général)
– Headed by the Chief Prosecutor (procureur général)
– Judicial officer charged with giving legal advice to Court –
civil and criminal matters
– Equivalent to Rapporteur public (formerly Commissioner
of Government) in Council of State (Conseil d’Etat)
36. French Cour de cassation
• Only answers questions of law, not fact
• Structure
• Over 80 trial judges (conseillers)
• 40 case management judges (conseillers
référendaires)
• Office of the prosecutor (parquet général)
– Headed by the Chief Prosecutor (procureur général)
– Judicial officer charged with giving legal advice to Court –
civil and criminal matters
– Equivalent to Rapporteur public (formerly Commissioner
of Government) in Council of State (Conseil d’Etat)
• Barristers (avocats) need to pass special exam
40. French Cour de cassation
• Stare decisis vs jurisprudence constante
41. French Cour de cassation
• Stare decisis vs jurisprudence constante
• Style of judgments
– Contrast eg
• Irish Supreme Court
• House of Lords
• German Court
43. French court structure: Administrative
courts and Conseil d’Etat
• Rationale for separate administrative courts
– Contrast English mandamus, quo warranto
44. French court structure: Administrative
courts and Conseil d’Etat
• Rationale for separate administrative courts
– Contrast English mandamus, quo warranto
• Conseil d’Etat: Created 1799, but not an
independent court for 90 years
45. French court structure: Administrative
courts and Conseil d’Etat
• Rationale for separate administrative courts
– Contrast English mandamus, quo warranto
• Conseil d’Etat: Created 1799, but not an
independent court for 90 years
• Reformed to add:
– Administrative tribunals (first instance)
– Administrative courts of appeal (cours
administratives d’appel, 1989)
– Contrast eg Germany, Austria: separate
administrative courts long beforehand
47. Conseil d’Etat
• 6 divisions
– 5 administrative: home affairs, finance, research,
public works, welfare
– 1 litigious
– Members are traditionally members of both
• Independence problems? ECHR
48. Conseil d’Etat
• 6 divisions
– 5 administrative: home affairs, finance, research,
public works, welfare
– 1 litigious
– Members are traditionally members of both
• Independence problems? ECHR
• Official president: Prime Minister
50. Conseil d’Etat
• Powers
– Advisory
• Obligatory consultation before legislation made
• Discretionary consultation by government in other
administrative matters (eg Islamic headscarves 1989,
International Criminal Court 1999)
– Judicial
• Rarely first instance
• Mainly appeals on point of law only
• Can be referred question for advice on points of law
by lower administrative courts
52. Conflicts of court jurisdiction?
• Decided by Tribunal des conflits (Jurisdiction
disputes court)
– Positive conflict: eg administration considers a case
should be in administrative courts
• Préfet is told
• If préfet can’t agree with court, referred to
jurisdiction disputes court
– Similar if negative conflict ie no court thinks it’s
competent
– Mixed cases: Jurisdiction disputes court can be
asked to decide the case if courts come to
conflicting outcomes (happens rarely)
56. Conseil constitutionnel
• Created by founders of (current) Fifth Republic
(1958 Constitution)
• Members: les sages
• Former presidents have right to sit
57. Conseil constitutionnel
• Created by founders of (current) Fifth Republic
(1958 Constitution)
• Members: les sages
• Former presidents have right to sit
• Others chosen by politicians:
– President of the Republic (3)
– President of the National Assembly (3)
– President of Senate (3)
60. Conseil constitutionnel
• Decisions bind judges and unappealable
• Roles
– Supervising elections and judging any litigation
resulting from elections (eg election expenses,
eligibility of candidates)
– Judging constitutionality of statutes, international
treaties
• Before promulgation
• Eg Corsica decision (1991) – acknowledging existence
of separate Corsican nation contravenes Article 1
French Constitution (“France is an indivisible, secular,
democratic and social Republic”)
• Eg Carbon tax (December 2009)
– Judging ability of President to be able to exercise
functions
62. Conseil constitutionnel
• Who can refer to Conseil?
– President, PM, President National Assembly/Senate,
60 members of National Assembly/Senate
– Or (since March 2010) if compatibility of statute
with constitution is raised by party in case and
referred by Cour de cassation or Conseil d’Etat
63. Conseil constitutionnel
• Who can refer to Conseil?
– President, PM, President National Assembly/Senate,
60 members of National Assembly/Senate
– Or (since March 2010) if compatibility of statute
with constitution is raised by party in case and
referred by Cour de cassation or Conseil d’Etat
• Limits of conseil’s powers
– Not acts
• Passed after referendum
• Amending Constitution
• Not referred to Conseil
• Incorporating European directives into French law
– Not compatibility of French act with EU law
75. German court structure
• Lay involvement in commercial matters and
labour matters
• Highest ordinary court: Bundesgerichtshof –
Federal Court of Justice
76. German court structure
• Lay involvement in commercial matters and
labour matters
• Highest ordinary court: Bundesgerichtshof –
Federal Court of Justice
• Each branch has its own federal court
77. German court structure
• Lay involvement in commercial matters and
labour matters
• Highest ordinary court: Bundesgerichtshof –
Federal Court of Justice
• Each branch has its own federal court
• Plus Federal Constitutional Court
79. German court structure
• Administrative courts
– First instance, High Courts in each state (Länder)
– Federal Administrative Court
(Bundesverwaltungsgericht)
• Review on point of law
• “Revision” possible to lower judgment (contrast
cassation)
– All non-constitutional public law matters unless
expressly assigned by statute to fiscal/social courts
– Eg asylum, planning, environmental matters
80. German court structure
• Administrative courts
– First instance, High Courts in each state (Länder)
– Federal Administrative Court
(Bundesverwaltungsgericht)
• Review on point of law
• “Revision” possible to lower judgment (contrast
cassation)
– All non-constitutional public law matters unless
expressly assigned by statute to fiscal/social courts
– Eg asylum, planning, environmental matters
• Contrast Conseil d’Etat:
– No advisory functions
– Wholly independent from executive
83. Constitutional courts
• State constitutional courts (Länder)
• All courts subject to review by Federal
Constitutional Court (Bundesverfassungsgericht,
BVerfG)
84. Constitutional courts
• State constitutional courts (Länder)
• All courts subject to review by Federal
Constitutional Court (Bundesverfassungsgericht,
BVerfG)
• Bundestag (parliament), Bundesrat (federal
council) each choose half of members
85. Constitutional courts
• State constitutional courts (Länder)
• All courts subject to review by Federal
Constitutional Court (Bundesverfassungsgericht,
BVerfG)
• Bundestag (parliament), Bundesrat (federal
council) each choose half of members
• 12 year non renewable term
86. Constitutional courts
• State constitutional courts (Länder)
• All courts subject to review by Federal
Constitutional Court (Bundesverfassungsgericht,
BVerfG)
• Bundestag (parliament), Bundesrat (federal
council) each choose half of members
• 12 year non renewable term
• Bundestag delegates to judges election board
87. Constitutional courts
• State constitutional courts (Länder)
• All courts subject to review by Federal
Constitutional Court (Bundesverfassungsgericht,
BVerfG)
• Bundestag (parliament), Bundesrat (federal
council) each choose half of members
• 12 year non renewable term
• Bundestag delegates to judges election board
• Age of judges: 40-68
90. German court structure
• Conflicts of jurisdiction?
• Court where case is filed decided whether it has
jurisdiction
91. German court structure
• Conflicts of jurisdiction?
• Court where case is filed decided whether it has
jurisdiction
• If decides no jurisdiction, may transfer cases to
another court
92. German court structure
• Conflicts of jurisdiction?
• Court where case is filed decided whether it has
jurisdiction
• If decides no jurisdiction, may transfer cases to
another court
• Contrast:
– France: Tribunal des conflits
– Italy: Court of cassation decides conflicts