Court of Cassation (France)
The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system, is the supreme court of appeal in these cases, it has jurisdiction to review the law, to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in Paris; the Court does not have jurisdiction over cases involving claims against administrators or public bodies, which fall within the jurisdiction of administrative courts, for which the Council of State acts as the supreme court of appeal. Collectively, these four courts form the topmost tier of the French court system; the Court was established in 1790 under the name Tribunal de cassation during the French Revolution, its original purpose was to act as a court of error with revisory jurisdiction over lower provincial prerogative courts. However, much about the Court continues the earlier Paris Parlement; the Court is the seat of the Network of the Presidents of the Supreme Judicial Courts of the European Union.
The Court is made up of justices, the Office of the Prosecutor, an Administrative Office of Courts. In addition, a separate bar of specially certified barristers exists for trying cases at the French Court. Overall, the Court consists of nearly 85 trial judges and about 40 deputy judges, each divided among six different divisions: First Civil Division deals with family law, child custody, professional discipline, individual rights, contractual liability Second Civil Division handles divorce and electoral matters Third Civil Division for immovable property, city planning, foreclosures Commercial Division handles companies, business and intellectual property Labor Division handles labor disputes, worker compensation, welfare Criminal Division deals with criminal casesEach division is headed by a presiding justice referred to in French as a président, or President of Division; the Chief Justice bears the title of the premier président, or President of the Court, who supervises the presiding justices of the various divisions.
The Chief Justice is the highest-ranking judicial officer in the country and is responsible for administration of the Court and the discipline of justices. The current Chief Justice is Bertrand Louvel; the Court includes 12 masters, the lowest rank of justice, who are concerned with administration. There is, in addition to the abovementioned six divisions, a separate organization known as the Divisional Court; the Divisional Court adjudicates where the subject matter of an appeal falls within the purview of multiple divisions. The Bench of the Divisional Court seats the Chief Justice and a number of other judges from at least three other divisions relevant to a given case. Any participating division is represented by two puisne judges. A Full Court is called, presided over by the Chief Justice or, if he is absent, by the most senior presiding justice, it seat by all divisional presiding justices and senior justices assisted by a puisne judge from each division. The Full Court is the highest level of the Court.
The prosecution, or parquet général, is headed by the Chief Prosecutor. The Chief Prosecutor is a judicial officer, but does not prosecute cases. Duties include filing originating motions to bring cases before the Court "in the name of the law" and bringing cases before the French Court of Justice, which tries government officials for crimes committed while in office; the Chief Prosecutor is assisted by two Chief Deputy Prosecutors and a staff of about 22 deputy prosecutors, 2 assistant prosecutors. Barristers, though not technically officers of the Court, play an integral role in the due dispensing of justice. Except for a few types of actions, advocate counsel in the form of a barrister is mandatory for any case heard at the Court or Council of State. Barristers with exclusive rights of audience and admitted to practice law in either senior court carry the title of avocat au Conseil d'État et à la Cour de Cassation, or avocats aux Conseils for short. Admission to the Supreme Court bar is difficult, requiring special training and passing a notoriously stringent examination.
Once admitted, bar members can advise litigants on whether their actions are justiciable, that is, issuable and exceeding de minimis requirements—an important service since the Court only hears appeals on points of law and not issues of fact. Membership is considered a public office; the Court's main purpose is to review lower court rulings on the grounds of legal or procedural error. As the highest court of law in France, it has other duties; the Court has inherent appellate jurisdiction for appeals from courts of appeal or, for
The euro is the official currency of 19 of the 28 member states of the European Union. This group of states is known as the eurozone or euro area, counts about 343 million citizens as of 2019; the euro is the second largest and second most traded currency in the foreign exchange market after the United States dollar. The euro is subdivided into 100 cents; the currency is used by the institutions of the European Union, by four European microstates that are not EU members, as well as unilaterally by Montenegro and Kosovo. Outside Europe, a number of special territories of EU members use the euro as their currency. Additionally, 240 million people worldwide as of 2018 use currencies pegged to the euro; the euro is the second largest reserve currency as well as the second most traded currency in the world after the United States dollar. As of August 2018, with more than €1.2 trillion in circulation, the euro has one of the highest combined values of banknotes and coins in circulation in the world, having surpassed the U.
S. dollar. The name euro was adopted on 16 December 1995 in Madrid; the euro was introduced to world financial markets as an accounting currency on 1 January 1999, replacing the former European Currency Unit at a ratio of 1:1. Physical euro coins and banknotes entered into circulation on 1 January 2002, making it the day-to-day operating currency of its original members, by March 2002 it had replaced the former currencies. While the euro dropped subsequently to US$0.83 within two years, it has traded above the U. S. dollar since the end of 2002, peaking at US$1.60 on 18 July 2008. In late 2009, the euro became immersed in the European sovereign-debt crisis, which led to the creation of the European Financial Stability Facility as well as other reforms aimed at stabilising and strengthening the currency; the euro is managed and administered by the Frankfurt-based European Central Bank and the Eurosystem. As an independent central bank, the ECB has sole authority to set monetary policy; the Eurosystem participates in the printing and distribution of notes and coins in all member states, the operation of the eurozone payment systems.
The 1992 Maastricht Treaty obliges most EU member states to adopt the euro upon meeting certain monetary and budgetary convergence criteria, although not all states have done so. The United Kingdom and Denmark negotiated exemptions, while Sweden turned down the euro in a 2003 referendum, has circumvented the obligation to adopt the euro by not meeting the monetary and budgetary requirements. All nations that have joined the EU since 1993 have pledged to adopt the euro in due course. Since 1 January 2002, the national central banks and the ECB have issued euro banknotes on a joint basis. Euro banknotes do not show. Eurosystem NCBs are required to accept euro banknotes put into circulation by other Eurosystem members and these banknotes are not repatriated; the ECB issues 8% of the total value of banknotes issued by the Eurosystem. In practice, the ECB's banknotes are put into circulation by the NCBs, thereby incurring matching liabilities vis-à-vis the ECB; these liabilities carry interest at the main refinancing rate of the ECB.
The other 92% of euro banknotes are issued by the NCBs in proportion to their respective shares of the ECB capital key, calculated using national share of European Union population and national share of EU GDP weighted. The euro is divided into 100 cents. In Community legislative acts the plural forms of euro and cent are spelled without the s, notwithstanding normal English usage. Otherwise, normal English plurals are sometimes used, with many local variations such as centime in France. All circulating coins have a common side showing the denomination or value, a map in the background. Due to the linguistic plurality in the European Union, the Latin alphabet version of euro is used and Arabic numerals. For the denominations except the 1-, 2- and 5-cent coins, the map only showed the 15 member states which were members when the euro was introduced. Beginning in 2007 or 2008 the old map is being replaced by a map of Europe showing countries outside the Union like Norway, Belarus, Russia or Turkey.
The 1-, 2- and 5-cent coins, keep their old design, showing a geographical map of Europe with the 15 member states of 2002 raised somewhat above the rest of the map. All common sides were designed by Luc Luycx; the coins have a national side showing an image chosen by the country that issued the coin. Euro coins from any member state may be used in any nation that has adopted the euro; the coins are issued in denominations of €2, €1, 50c, 20c, 10c, 5c, 2c, 1c. To avoid the use of the two smallest coins, some cash transactions are rounded to the nearest five cents in the Netherlands and Ireland and in Finland; this practice is discouraged by the Commission, as is the practice of certain shops of refusing to accept high-value euro notes. Commemorative coins with €2 face value have been issued with changes to the design of the national side of the coin; these include both issued coins, such as the €2 commemorative coin for the fiftieth anniversary of the signing of the Treaty of Rome, nationally i
France the French Republic, is a country whose territory consists of metropolitan France in Western Europe and several overseas regions and territories. The metropolitan area of France extends from the Mediterranean Sea to the English Channel and the North Sea, from the Rhine to the Atlantic Ocean, it is bordered by Belgium and Germany to the northeast and Italy to the east, Andorra and Spain to the south. The overseas territories include French Guiana in South America and several islands in the Atlantic and Indian oceans; the country's 18 integral regions span a combined area of 643,801 square kilometres and a total population of 67.3 million. France, a sovereign state, is a unitary semi-presidential republic with its capital in Paris, the country's largest city and main cultural and commercial centre. Other major urban areas include Lyon, Toulouse, Bordeaux and Nice. During the Iron Age, what is now metropolitan France was inhabited by a Celtic people. Rome annexed the area in 51 BC, holding it until the arrival of Germanic Franks in 476, who formed the Kingdom of Francia.
The Treaty of Verdun of 843 partitioned Francia into Middle Francia and West Francia. West Francia which became the Kingdom of France in 987 emerged as a major European power in the Late Middle Ages following its victory in the Hundred Years' War. During the Renaissance, French culture flourished and a global colonial empire was established, which by the 20th century would become the second largest in the world; the 16th century was dominated by religious civil wars between Protestants. France became Europe's dominant cultural and military power in the 17th century under Louis XIV. In the late 18th century, the French Revolution overthrew the absolute monarchy, established one of modern history's earliest republics, saw the drafting of the Declaration of the Rights of Man and of the Citizen, which expresses the nation's ideals to this day. In the 19th century, Napoleon established the First French Empire, his subsequent Napoleonic Wars shaped the course of continental Europe. Following the collapse of the Empire, France endured a tumultuous succession of governments culminating with the establishment of the French Third Republic in 1870.
France was a major participant in World War I, from which it emerged victorious, was one of the Allies in World War II, but came under occupation by the Axis powers in 1940. Following liberation in 1944, a Fourth Republic was established and dissolved in the course of the Algerian War; the Fifth Republic, led by Charles de Gaulle, remains today. Algeria and nearly all the other colonies became independent in the 1960s and retained close economic and military connections with France. France has long been a global centre of art and philosophy, it hosts the world's fourth-largest number of UNESCO World Heritage Sites and is the leading tourist destination, receiving around 83 million foreign visitors annually. France is a developed country with the world's sixth-largest economy by nominal GDP, tenth-largest by purchasing power parity. In terms of aggregate household wealth, it ranks fourth in the world. France performs well in international rankings of education, health care, life expectancy, human development.
France is considered a great power in global affairs, being one of the five permanent members of the United Nations Security Council with the power to veto and an official nuclear-weapon state. It is a leading member state of the European Union and the Eurozone, a member of the Group of 7, North Atlantic Treaty Organization, Organisation for Economic Co-operation and Development, the World Trade Organization, La Francophonie. Applied to the whole Frankish Empire, the name "France" comes from the Latin "Francia", or "country of the Franks". Modern France is still named today "Francia" in Italian and Spanish, "Frankreich" in German and "Frankrijk" in Dutch, all of which have more or less the same historical meaning. There are various theories as to the origin of the name Frank. Following the precedents of Edward Gibbon and Jacob Grimm, the name of the Franks has been linked with the word frank in English, it has been suggested that the meaning of "free" was adopted because, after the conquest of Gaul, only Franks were free of taxation.
Another theory is that it is derived from the Proto-Germanic word frankon, which translates as javelin or lance as the throwing axe of the Franks was known as a francisca. However, it has been determined that these weapons were named because of their use by the Franks, not the other way around; the oldest traces of human life in what is now France date from 1.8 million years ago. Over the ensuing millennia, Humans were confronted by a harsh and variable climate, marked by several glacial eras. Early hominids led a nomadic hunter-gatherer life. France has a large number of decorated caves from the upper Palaeolithic era, including one of the most famous and best preserved, Lascaux. At the end of the last glacial period, the climate became milder. After strong demographic and agricultural development between the 4th and 3rd millennia, metallurgy appeared at the end of the 3rd millennium working gold and bronze, iron. France has numerous megalithic sites from the Neolithic period, including the exceptiona
Tribunal de commerce
In France, the tribunal de commerce are the oldest courts in the French judicial organization. They were created at the end of the Middle Ages; the commercial court has jurisdiction over commercial cases: disputes between merchants, disputes over commercial acts, controversies involving commercial corporations, bankruptcy proceedings. The judges of the commercial courts elected traders, they are elected for terms of two or four years by an electoral college made up of current and former judges of the commercial courts and traders’ delegates, who are themselves traders elected in the area within the jurisdiction of the court. There are 134 commercial courts in France. Justice in France Droit pénal en France Code pénal - Distinguish from Code de procédure pénale Court of Appeals - in common law jurisdictions.